This paper discusses the growing incidences of medical negligence in India in the recent years and also explores the factors contributing to the ongoing rise in these incidences. It is important to know what the factors that constitute medical negligence. As we are all aware that the duty of a doctor is to examine, diagnose and treat patients, to give consultation to the patients who come for the treatment or due to having any kind of illness. But on the other hand, an insufficiency or carelessness in this duty results in negligence. A fundamental understanding of how medical negligence is arbitrated in the various judicial courts of India will help a doctor to practice his profession without undue worry about facing litigation for alleged medical negligence.