Law4u - Made in India

Is it negligence if a patient dies due to unavailability of oxygen or medicine?

24-Jul-2025
Medical Negligence

Answer By law4u team

Yes, it can be considered negligence under Indian law if a patient dies due to unavailability of oxygen or medicine, depending on the specific circumstances. Here's how it's legally assessed: 1. Medical Negligence – Definition (Indian Law): Negligence in medical practice occurs when: A duty of care exists (e.g., hospitals/doctors owe duty to patients), There is a breach of that duty (e.g., failure to provide essential treatment like oxygen/medicines), and It leads to injury or death to the patient. This is based on Jacob Mathew v. State of Punjab (2005) 6 SCC 1, where the Supreme Court laid down standards for medical negligence. 2. Unavailability of Oxygen/Medicine – Negligence? Yes, possibly, if due to avoidable mismanagement. If the hospital or government institution: Did not plan for essential supplies despite known risk, Had inadequate stock due to negligence, Failed to take urgent steps to procure life-saving essentials, it may amount to criminal negligence under Section 304A IPC (causing death by negligence) or civil liability for compensation. 3. Relevant Case Law & Guidelines: In 2021, during the COVID-19 crisis, many courts (Allahabad High Court, Delhi High Court, etc.) held that lack of oxygen leading to death may be gross negligence and a violation of Article 21 (Right to Life). Allahabad HC (May 2021) called deaths due to oxygen shortage a form of "criminal act" and "not less than genocide". 4. Liability – Who is responsible? Depending on the setup: Private hospitals – Can be sued for deficiency in service (under Consumer Protection Act) or negligence (civil/criminal). Government hospitals or officials – May face public interest litigation (PIL), departmental action, or compensation directions from courts. 5. Exceptions (No Negligence): It may not be considered negligence if: The situation was truly unforeseeable or beyond control (like sudden natural disasters), There is proof of best effort to procure supplies, The death occurred despite all reasonable care. Conclusion: Yes, it can amount to negligence or even criminal liability under Indian law if death results from preventable lack of oxygen or medicines, especially if there's evidence of poor planning, hoarding, corruption, or failure to act reasonably in a crisis.

Medical Negligence Verified Advocates

Get expert legal advice instantly.

Advocate Rang Nath Pandey

Advocate Rang Nath Pandey

Armed Forces Tribunal, Anticipatory Bail, Breach of Contract, Civil, Child Custody, Cheque Bounce, Banking & Finance, Bankruptcy & Insolvency, Consumer Court, Court Marriage, Criminal, Divorce, Cyber Crime, Customs & Central Excise, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, NCLT, Property, R.T.I, Recovery, Supreme Court, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Ajay Kumar Gupta

Advocate Ajay Kumar Gupta

Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, NCLT, Patent, Property, Recovery, Tax, Supreme Court, Succession Certificate, Trademark & Copyright, Revenue, Wills Trusts, International Law, R.T.I, Family

Get Advice
Advocate Satyajit Das

Advocate Satyajit Das

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Saket Upadhyay

Advocate Saket Upadhyay

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Patent, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue, Armed Forces Tribunal, International Law, Documentation, Muslim Law, NCLT

Get Advice
Advocate Ganesh Kakarwal

Advocate Ganesh Kakarwal

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Divorce, Domestic Violence, Family, Insurance, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Revenue, Medical Negligence, High Court, Court Marriage, Trademark & Copyright, Documentation, Cyber Crime, RERA

Get Advice
Advocate Amit Kumar Panchal

Advocate Amit Kumar Panchal

Cheque Bounce, Breach of Contract, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, R.T.I, Wills Trusts, Supreme Court, Property, Medical Negligence, Recovery, Revenue, Motor Accident, Media and Entertainment

Get Advice
Advocate A D Mahaboobbasha

Advocate A D Mahaboobbasha

Anticipatory Bail,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Family,High Court,Immigration,Insurance,International Law,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,Recovery,RERA,Startup,Succession Certificate,Supreme Court,Tax,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Pervez Zahir Quazi

Advocate Pervez Zahir Quazi

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Cyber Crime, Criminal, Divorce, Family, High Court, Domestic Violence, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Patent, Medical Negligence, Succession Certificate, Trademark & Copyright, Recovery, Revenue, RERA, Property, Supreme Court, Customs & Central Excise, Documentation

Get Advice
Advocate Ramya Ramachandran

Advocate Ramya Ramachandran

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Breach of Contract, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Wills Trusts

Get Advice
Advocate Logesh

Advocate Logesh

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Corporate, Consumer Court, Civil, Child Custody, Cheque Bounce, Breach of Contract, Customs & Central Excise, Criminal, Cyber Crime, Insurance, Succession Certificate, Medical Negligence, Media and Entertainment, Startup, RERA, Recovery, Family, High Court, Immigration, International Law, Motor Accident, Divorce, Documentation, Labour & Service, Muslim Law, GST, Domestic Violence, Landlord & Tenant, Patent, NCLT, Property, R.T.I, Trademark & Copyright, Tax, Supreme Court, Revenue, Wills Trusts

Get Advice

Medical Negligence Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.