Medical negligence – Hospital's responsibility

In the twentieth century, the hospital's sole responsibility was “to provide a properly equipped medical facility”. Over the years the function of the hospital has slowly changed from a venue for treatment to a provider of treatment. The patient has a right to expect a certain standard of care when he puts himself in the hands of the hospital authority or health care providers. When a hospital fails to uphold this responsibility, the institution may be held liable for causing damage to its patients. They can be vicariously as well as directly liable for providing health care facilities.

Public awareness of medical negligence in India is growing. Hospital managements are increasingly facing complaints regarding the facilities, standards of professional competence and the appropriateness of their therapeutic and diagnostic methods. This article reviews the issue of liability of the hospital with reference to medical negligence and the resulting implications both to the hospital as well as the patients.