1Assistant Professor-Senior Grade, School of Management, Manipal Academy of Higher Education (MAHE), Manipal
2Assistant Professor, SDM Law College, Centre for PG Studies & Research in Law, Mangaluru
Online published on 2 February, 2019.
In India, recently, there is a spurt in the litigation against the medical professionals as a result of increasing awareness about patient's right especially after the Consumer Protection Act, 1986. When medical professionals breaches the legal duty of care which he requires to take, he is said to be medically negligent if it causes damage to the patient which gives a right to the patient or patient party as a consumer to claim for the compensation or to fle a criminal case. The purpose of this paper to explain the liability of hospitals for the negligence of the doctors appointed by them under the principle of vicarious liability principle. The decision of the Indian courts in majority of cases revealed that the master is liable for the act of its servant both in case of contract of service and contract for service. This article also attempts to describe whether doctor is liable for the medical negligence when there is an error of judgment.
Consumer Protection Act, 1986, Litigation, Medical Negligence, Vicarious Liability
