1Professor & Head, Dept. of Forensic Medicine & Toxicology, F.H. Medical College, Agra, U.P.
2Professor & HOD, Dept. of FMT, School of Medical Sciences & Research, Sharda University, Greater Noida, U.P.
This is fourth case in the kitty of more than one crore compensation in medical negligence cases in India pronounced by the Hon'ble SC on 1st July 2015 i.e. on the Doctor's Day. This case highlighted and applied various doctrines like: vicarious liability, importance of proper and relevant record keeping, timely referral and standard precautions and method of calculation of amount of compensation and factors relevant for computation of compensation. Two pediatrics doctors were held negligent in this case and Government of Tamil Nadu and Director General of Health Services were also held liable for compensation by applying the doctrine of apportionment of liability and vicarious liability.
This paper deals with critical review of decision of the Hon'ble SC in V. Krishnakumar vs. State of Tamil Nadu & Ors., 2015, its impact on the healthcare scenario in India and other stakeholders. Various doctrines relevant to the cases of medical negligence have been discussed to create awareness and understanding the factors responsible for high cost of compensation. Thus, help in sensitizing healthcare professionals about the issue of medical negligence and their prevention in future.
Standard Precaution, Pediatrics, Ophthalmology, Retinopathy of Prematurity, Blindness, Screening Test, Vicarious Liability, Jointly and Severally, Apportionment of Liability
