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Journalism of Courage
The Delhi High Court has held that the hospital administration cannot be held responsible when patients are harmed because of the carelessness of doctors. However,the court ruled that the management of the hospital can be made liable in cases of administrative negligence and failure to provide basic infrastructure to the patients.
The hospital/company cannot be held liable for the personal negligence of the doctor in giving wrong treatment. If there is an administrative negligence or a negligence of not providing basic infrastructure,which results in some harm to an aggrieved person or such negligence which is impersonal,the hospital can be held liable, said Justice S N Dhingra in a recent order.
Quashing criminal proceedings against the citys reputed Indraprastha Apollo Hospital,Justice Dhingra noted in his order: The offence of medical criminal negligence cannot be fastened on the company since the company can neither treat nor operate a patient of its own. It is the doctor working in the hospital,who treats and performs operations. It is the doctor,who examines the patients,and prescribes medicines. If there is a deliberate or negligent act of the doctor working in the hospital,it is the liability of the doctor and not of the hospitals for criminal negligence.
The order was passed on a petition filed by Indraprastha Medical Corporation Ltd challenging a Metropolitan Magistrates order for registration of FIR against it for alleged medical negligence resulting in the death of a patient in 2007.
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