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Panellist
Topic : Vicarious Liability in healthcare
The discussion will be held on Whatsapp ( +919560852592 ) , and on Face book
Esteemed Panellist
Adv & Ex Justice P K Singh
Adv K K Choudhary , Sr Adv
Dr M M Singh , AFMS
All members are requested to attend, you can send question directly. You are
also requested to invite your hospital administrators / management students
to join this discussion on social media platform of RFHHA. To join this forum
please sends your request on 9560852592.
Dr M M Singh
https://www.youtube.com/watch?v=6UNgJ7OxcXI
https://www.youtube.com/watch?v=YjZTxAO6hGM&list=PLQLkmoMXWieH5Q
lGWyKJcUr9m6NOBCtTB
Introduction
A master is one who engages another to perform services and who controls or
has the right to control the person retained to perform act or services for the
master. It is an elementary principle of the law that every person is personally
liable for damages caused by the negligence of either master himself or the
other person who helps master in his work. When the law imposes liability on
the master for the negligent act of his helper the concept is known as vicarious
liability.
In an important Judgment delhi high court told a patient dies due to medical
negligence in a hospital, then its management cannot be prosecuted and it is
only the doctors who should be penalized. However, the court held that the
management of the hospital would be liable in case of administrative
negligence and failure to provide basic infrastructure to patients.
Justice Shiv Narayan Dhingra passed the order on a petition filed by
Indraprashta Medical corporation Limited, challenging a metropolitan
magistrate's order for registration of a first information report against it for
alleged medical negligence resulting in the death of a patient in 2007.
Justice Dhingra said that the hospital or company cannot be held liable for the
personal negligence of the doctor in giving wrong treatment. He also said that
if there is an administrative negligence or negligence in providing basic
infrastructure, which results in some harm to an aggrieved person, the hospital
can be held liable. The court said that hospitals should not be punished due to
error on part of its medical staff. other cases will follow3.
Adv K K Choudhary
Dear Panellist Q. In which all cases any hospital can held for Vicarious liability
?
A hospital can be held vicariously liable on numerous grounds on different
occasions. Several High Court Judgments have held hospitals vicariously liable
for damages caused to the patients by negligent act of their staff. In one
judgment of the Kerala High Court in Joseph @ Pappachan v. Dr. George
Moonjerly, in support of the following effect stated that persons who run
To determine whether the principal had the right to control the physicians
activities, the courts examine a number of factors, which may include the
following:
What are the terms of the contract between the physician and the
principal?
Does the principal provide the physician with a salary and benefits,
which are commonly provided in an employer-employee relationship?
Does the healthcare entity handle and collect the physicians patient
billings through its system and in its name, with the power to determine
the physician rates charged?
Are the equipment, supplies, and/or support staff utilized by the
physician supplied by the entity?
If the principal does not control the time, method, or manner of the services
performed by the physician and does not provide direct compensation to the
physician, the physician is generally regarded as an independent contractor.
On the other hand, residents working at a hospital are generally viewed as
employees and the hospital may be held vicariously liable for any negligence.
Adv K K Choudhary
Conclusion:
Hospitals & doctors in India may be held liable for their services individually or
vicariously. They can be charged with negligence and sued either in criminal/
civil courts or Consumer Courts. The hospital has both a vicarious as well as an
inherent duty of care (corporate obligation) to its patients. The complex legal
Respected Members
This concludes the 41st RFHHA Panel Discussion on Vicarious Liability in
healthcare. I thank all panellist and administrative staff, members for their
active participation. You critical comment is welcome. All the technical inputs
by the panel have been taken from references has been given in this white
paper. Next week we will meet on another topic. Till then........
Jai Hind
Dr M M Singh
References
1. Vicarious liability- A storm in dentistry , Sujatha B.K, Mary Shimi S
Gomez, Senior lecturer, senior Resident , IJMRD 2015; 2(3): 754-755
www.allsubjectjournal.com
2. http://law.justia.com/cases/minnesota/supreme court/1961/38-
183.html Accessed on 10/15/2016.
Further Reading :
1. http://legalservicesindia.com/article/article/medical-negligence-in-india-
944- .html
2. http://medicolegalhelpline.blogspot.in/2009/07/medical-negligence-
and-hospitals.html