Showing posts with label baby. Show all posts
Showing posts with label baby. Show all posts

Sunday, 6 December 2015

Whether govt is liable to pay compensation for negligence of doctors of govt hospital causing blindness to Baby?

It is settled law that the hospital is vicariously liable for
the acts of its doctors vide Savita Garg vs. National Heart
Institute, (2004) 8 SCC 56, also followed in Balram Prasad’s
case (supra). Similarly in Achutrao Haribhau Khodwa v. State
of Maharashtra, (1996) 2 SCC 634 this court unequivocally held
that the state would be vicariously liable for the damages which
may become payable on account of negligence of its doctors or
other employees. By the same measure, it is not possible to
absolve Respondent No. 1, the State of Tamil Nadu, which
establishes and administers such hospitals through its
Department of Health, from its liability.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
 CIVIL APPEAL No. 8065 OF 2009

V. KRISHNAKUMAR .STATE OF TAMIL NADU & ORS. 

Citation;(2015) 9 SCC388,2016(2) MHLJ 555 SC
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