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Supreme Court opined “Big hospitals mercilessly extract money from poor patients and
their families in the grab of doing service to Humanity, and yet do not provide with
necessary facilities. On the other hand, dissatisfied patients have also taken hospitals as
an easy target.
Medical Negligence and Different Laws in India
Liability of Surgeons
Duty to thoroughly examine the pathological reports before initiating surgery.
Duty to explain the facts within his special knowledge.
A.S. Mittal and others vs. State of U.P. & others, 1989
The Apex Court noted “Mistakes will occur on occasions despite the exercise of
reasonable skill and care”.
Liability of Hospitals and Nursing Homes
The liability of a hospital in cases of medical negligence could be direct or vicarious.
Direct liability in this sense would mean a deficiency in the services provided by the
hospital thus making it unsafe and not suitable for treatment.
Vicarious liability, on the other hand, would refer to the liability of the hospital as an
employer for the negligent acts of its employees.
An exception to the above principle is seen in the “borrowed servant doctrine” according
to which the employer shall not be liable for acts of an employee when that employee is
working under the direct supervision of another employer.
For example, when a surgeon employed by one hospital visits another for conducting a
surgery, the other hospital where the surgery is performed would be seen liable for the
acts of the surgeon.
Judicial Interpretation of Medical Negligence
Liability