Medical Negligence and Duty of Care in Nepal: A Legal and Ethical Analysis

Abstract

Medical negligence, a critical intersection of ethical obligations and legal standards, is an evolving concern in Nepals medico-legal landscape. This article explores the concept of duty of care, which is fundamental to medical negligence, and emphasizes the need for a robust legal framework to ensure justice for both the patients and the healthcare professionals. The key elements of negligence: duty, dereliction, direct causation, and damage are examined alongside international precedents like Donoghue v. Stevenson, Bolam v. Friern Hospital, Bo-litho v. City and Hackney and Montgomery v. Lanarkshire, which shape standards of care and informed consent. In Nepal, cases such as the Infant Amputation Case, Dr. D.B. Shah v. Srijana KC and the Sterilization Malpractice Case highlight the growing recognition of patient rights and institutional accountability. This article advocates for a dedicated Medical Negli-gence Act to strengthen legal protections, emphasizing expert testimony, informed consent, and institutional responsibility to foster a balanced, ethical, and just healthcare system.