Introduction In India the right to life as enshrined in Article 21 of the Constitution of India includes the right to health and healthcare. The Supreme Court of India in various cases has held this. Thus when a breach of this right takes place and the medical practitioner acts negligently, he becomes liable for medical negligence as a civil wrong. This issue has been the core of many a legal debate in the light of the inclusion of the medical profession in the list of services under the Consumer Protection Act and now the patients have become consumers and they can sue the doctors for their negligence. Medical negligence also creates a criminal liability on the medical practitioner and this is due to various provisions of the Indian Penal Code, 1860 and other statutes. To analyse this part of law is the main focus of the paper and for doing this, all the relevant issues and doctrines have been analysed. This has been done in a systemic manner and ....