Abstract

The doctrine of vicarious liability extends to the primary liability of the hospital for the wrongs or negligent acts of its servants, irrespective of whether their employment is permanent or temporary or casual paid or honorary, whole time or part time as in the case of visiting physicians or surgeons. By now it is well settled that the hospital is also vicariously liable for the acts of its doctors.

NCDRC held that failure to prior evaluation of patient and violation of Protocol amounts to deficiency in service hence medical negligence. Following questions were discussed by the NCDRC:

Questions for Consideration before NCDRC:

1. Whether adequate Cardiac Monitoring of the Patient was done before subjecting her to Chemo?
2. Whether there was any deficiency in treatment of the Patient?
3. What ought to have been done by the Doctors in charge of Chemo that had not been done?
4. Whether the dosage was excessive?
5. Whether at the 6th cycle of Chemo Opposite Parties had failed to determine proper dose of Adriamycin?
6. Whether a proper valid consent was taken from the Complainant?

Accordingly, NCDRC directed that, out of the total compensation of ₹2000000/-, the Hospital shall be liable to pay a sum of ₹1600000/- and the balance amount of ₹400000/- shall be payable by Opposite Party No.4 and 6 in equal proportion, i.e. ₹200000/- each.

Key Words: Bar of Limitation, Doctrine of Vicarious Liability, cause of action, Expert Opinion, Informed Consent, Second Opinion, Principle of Restituio in Integrum, Chemotherapy, Side Effects