The offence of medical criminal negligence cannot be fastened on a company as it can “neither treat or operate on a patient on its own”. Delivering a first-of-its-kind judgment on the criminal liability of hospitals in Indraprastha Medical Corporation Limited v Shikha Saini & Ors, Delhi High Court said a hospital or company cannot be held liable for the personal negligence of a doctor.
This case arose out of a complaint filed before the metropolitan magistrate, Delhi against Indraprastha Apollo hospital, run by the plaintiff, and the doctors who treated a patient who subsequently died. The complaint alleged gross medical negligence by the doctors and that they advised wrong and superfluous treatments in order to get extra money.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
