Vicarious Liability in Emergency Medico-legal Cases
Keywords:
Civil medical negligence, criminal medical negligence, contributory negligence, negligence per se, principle of necessity, vicarious liabilityAbstract
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.
References
1. AIR 1989 SC 2039.
2. 1999 CTJ Supreme Court (CP).
3. R N Saxena, Indian Penal Code (2007), p. 14.
4. Keith Simpson, Taylor’s principles and practice of medical jurisprudence (12th Edn), p.54.
5. Supra n.57, p.15S.
6. Supra n.22, p.17.
7. Shweta Thakur, Vikram Singh Jaswal, Medical Negligence in India(2013), p.30
8. Professor Bernard Knight, Cox’s Medical Jurisprudence and Toxicology (7th E dn), p.108.
9. Id., p. 108.
10. Ibid. JLTCPL (2020) 14–19 © Law Journals 2020. All Rights Reserved Page 19
11. Supra n.22, p.35.
12. P S Atchuthen Pillai, Law of Torts (2002), p.388.
13. Achutraq H. Khodwa v. State of Maharashtra, AIR 1996 SC 2383.
14. Article 32(3), the Constitution of India.
15. S. 23, the Consumer Protection Act, 1986.
16. V. Balakrishna Eradi, Consumer Protection Jurisprudence (2005), p.85.
17. Sec.9, Civil Procedure Code.
18. Sec.22B, Legal Services Authorities Act, 1987.
19. Sec. 4, Criminal Procedure Code. Cite this Article Bindu G.K. Vicarious Liability in Emergency Medico -legal Cases. Journal of Law of Torts and Consumer Protection Law. 2020; 3(2): 14–19p.
