Advocate Nishant Mehrotra practices at Allahabad High Court. He enrolled with the Bar Council of Utt... Read More
Liability Arising Out Of Medical Negligence
When Does The Liability Arise In Case Of Medical Negligence?
- Sector-1, Noida
The liability of a doctor arises not when the patient suffers injury but when the injury results due to the conduct of the doctor, which was below reasonable care. Hence once there exist a duty which has to be established by the patient, then the next step is to prove breach of such duty and the causation. Normally the liability arises only when the plaintiff is able to discharge the burden on him of proving negligence. However, in some cases the principle of “res ipsa loquitor” which means the thing speaks for it might come into action. Mostly the doctor is liable only for his own acts. However in some cases a doctor can also be made vicariously liable for the acts of another. The example of such a situation is when a junior doctor assisting the senior doctor commits a mistake it becomes the duty of the senior to have supervised him hence vicariously liable.
Answered on 28 Sep 2018
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