Yes, refusing medical treatment can be considered negligence under Indian law, especially if it causes harm, injury or death to the patient. Legal basis: Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 - Regulation 2.1.1 mandates that every doctor must provide emergency care and not arbitrarily refuse treatment. Consumer Protection Act, 2019 - If refusal of treatment causes harm, patients can sue hospitals or doctors for medical negligence. Compensation can be awarded. Constitutional protection - Article 21 (right to life) includes the right to timely medical treatment. In Parmanand Katara vs Union of India (1989), the Supreme Court held that doctors should not refuse emergency care. Criminal Liability – If the refusal of treatment results in death or serious harm, criminal charges may apply under: Section 304A IPC – Negligently causing death Section 336–338 IPC – Acts endangering life or personal safety Situations considered as negligence: Refusal of emergency treatment Refusal of care due to non-payment in urgent cases Delay in treatment causing deterioration of condition Discrimination-based refusal (e.g., caste, religion, gender) Exceptions: If the hospital lacks the necessary facilities, it may refer the patient elsewhere, but refusal without referral or emergency assistance is not acceptable. Conclusion: Yes, refusal of treatment, especially in emergencies, is considered medical negligence in India and can lead to civil, criminal and constitutional consequences for the hospital or medical staff.

Dear Client, Yes, refusing medical care can be considered medical negligence especially if the patient suffers injury or passes away as a result. The Indian Supreme Court has stressed the duty of care that physicians and hospitals have to their patients. Comparably depending on the circumstances private hospitals may be held accountable for negligence under consumer protection laws tort law or even criminal law. Therefore it may be considered medical negligence if a hospital denies necessary treatment, delays emergency care or refuses admission without a good reason. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.