Medical negligence on the part of hospital- Maharaja Agrasen Hospital v Master Rishabh Sharma (Civil Appeal No. 6619 Of 2016) - Synopsis
Lakshay Parmar 4 Jan 2020

Case analysis of,  Maharaja Agrasen Hospital v Master Rishabh Sharma

(Civil Appeal No. 6619 Of 2016)

 

In this case the Supreme Court of India held that a hospital shall be vicariously liable for the negligent acts committed by doctors engaged in such hospitals to provide medical care.

 

Facts: There was a pre-mature delivery which was done by Caesarean Section(LSCS). The premature baby was about 32 week age. The baby was shifted to Maharaja Agrasen hospital due to improper facilities at the previous one. It was kept under observation and no test for ROP (Retinopathy of prematurity). The doctors also never cautioned the patient about the risk of ROP before or after the delivery. Subsequently the mother noticed child’s abnormal visual response and eye examination and ultrasound was conducted and it was diagnosed as total retinal detachment . This failure from the doctor’s side led to total blindness of the baby. Hence the complaint is filed under Section 12 of consumer protection act and prayed for total compensation of INR 1,30,25,000 under various heads.

 

Observations made by court:

-          The court referring to other judgements on medical negligence observed that

A medical professional should be alert to the hazards and risks in any professional task he undertakes to the extent that other ordinarily competent members of the profession would be alert. He must bring to any professional task he undertakes reasonable skill that other ordinarily competent members of his profession would bring.

 

The bench also awarded a compensation of  INR 76,00,000 to the boy and his mother and issued directives with respect to the utilization of the amount and further said-

 

 It is common experience that when a patient goes to a hospital, because of the hospital's reputation,  he /she goes there and hopes that the hospital authorities will take proper and proper care. If the hospital fails to perform its duties through its doctors, is employed on a job basis or contractually hired, the hospital must justify commission or omission actions on behalf of its doctors.

 

 

Cause of action and burden of proof: The most important factor in a case of medical negligence is damage as at the time of filing a complaint under medical negligence the complainant has to prove that there was damage that was done to him so in this case the burden of proof lies on the complainant and he must also prove that that injury was caused to him by the breach of duty of the practitioner. Medical negligence is the breach of a duty of care by an act of omission or commission by a medical professional of ordinary prudence.

 

This case as a whole comes under the purview of Vicarious liability which deals with cases where one person is liable for the action of others. The concept is based on the legal maxim “Qui facit per se alium facit per se”  which means “he who does an act through another shall be deemed in law to do it himself”.

But there also shall be evidence that there was a relationship between the wrong-doer and on behalf that act is committed(employer-employee, master-servant).

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