Vicarious Liability in Emergency Medico-legal Cases

Abstract

The state is vicariously liable for the negligence committed by its officers even if these officers can be sued personally, as the negligent officer is acting in the course of his employment. In some cases, it can be found that an employee was doing an authorized act in an unauthorized but not in prohibited ways. The employer, i.e. state in case of government hospitals shall be held liable for such acts, because such employee was acting within the course of his employment. Any medical practitioner who is prosecuted for criminal negligence is tried in a criminal court and in such is either sentenced or has to compensate accordingly under Section 325 Cr.P.C. In case of professional misconduct the complaint can be filed with appropriate medical council, who will hold and inquiry against such medical practitioner and take necessary action against him.