Duty and Legal Responsibility of Vaidya in Malpractice Cases

Abstract

ABSTRACT: Ayurvedic physicians (Vaidya) occupy a duaAyurvedic physicians (Vaidya) occupy a dual space in India’s health care ecosystem: they are custodians of a millennia old medical tradition and, simultaneously, “service providers” under contemporary consumer protection and professional regulation statutes. This paper surveys the statutory framework, judicial doctrine and ethical expectations that shape the duty of care and legal responsibility of Vaidya in malpractice actions. Drawing on recent consumer forum awards (2025) and Supreme Court benchmarks, it analyses the civil, criminal and disciplinary pathways open to aggrieved patients, the defences available to practitioners, and the emerging compliance culture mandated by the National Commission for Indian System of Medicine Act, 2020. Two summary tables consolidate key statutes and landmark cases.

KEYWORDS: Ayurveda; medical negligence; consumer protection; National Commission for Indian System of Medicine; duty of care; professional misconduct.