Under the Indian legal framework medical negligence is categorized under three different aspects, i.e.

Criminal Negligence
Civil Negligence
Negligence under the Consumer laws
All these laws are applied according to the act conducted by the Medical Practitioner which includes Doctors, Nurses, Clinics, Hospitals including the Para Medical staff for which punishment and compensation is awarded by the Court as per these laws. The Section 304-A of the Indian Penal Code 1860 deals with criminal negligence, which states that “whoever causes the death of a person by a rash or negligent act not amounting to culpable homicide shall be punished with imprisonment for a term of two years, or with a fine or with both.”