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Hospital, Not Doctor, Liable to Compensate Victims of Negligence, Rules Indian Consumer Panel

An Indian consumer panel has held that it is the hospital that is liable to pay up victims of medical negligence and not the treating doctors.

 Unless the patient directly hires the services of a particular doctor, the onus of settling ...Read More

Posted on : Friday, May 16, 2008 12:00 AM
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I think no generalizations can be made. It depends on the facts and circumstances of the case, how the matter is pleaded & argued before the court and how the court perceives the issues. Doctor and hospital, both perform material functions in the treatment of a patient. Generally, the corporate hospitals treat doctors like other 'tools' of their business but when something goes wrong, they tend to wriggle out of it. I think some clear guidelines are required to prevent ambiguities and confusions.
Replied on Saturday, September 5, 2009 12:00 AM
The success of a hospital depends a lot on the quality of doctors and staff it hires. Neither of them can survive without the other. And a patients treatment can only see its full course when the hospital provides the right support for its doctors. And as promodpk said i do agree that you cant always generalize on cases. However i do feel that when there is some kind of malpractice or negligence both doctor and the hospital he/she is working in the hospital should be liable and not just the one party.

It is then up to the hospital and the disciplinary board to deiced how they would like to deal with the further employment of the doctor if he is truly guilty.
Replied on Saturday, September 5, 2009 12:00 AM
 


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