Vicarious Liability of Hospital Authorities in India
By
Dr. H. L. Chulani
The Supreme Court, in Indian Medical Association v. V. P. Shantha, AIR 1996 SC 550F observed, “Service rendered as a Government Hospital/Health Center/Dispensary where no charge whatsoever is made from any person availing the services and all patients (rich and poor) are given from service is outside the purview of the expression ‘service’ as defined in Section 2(1) of the Act. The payment of a token amount for registration purpose only at the hospital would not alter the position.” This effectively put Government Hospitals outside the purview of the Consumer Protection Act, 1986 wherein a complaint could be filed for remedy against negligence which resulted in an injury to a patient.
Case law: The Joint Director of Health Services, Sivagangai v. Sonal, AIR 2000 Mad 305.
The judgment from the Madras High Court addresses two questions. Firstly, whether negligence occurred in the treatment given to a patient in a Government hospital and secondly ....