NAND KISHORE PRASAD versus DR. MOHIB HAMIDI & OTHERS

NAND KISHORE PRASAD versus DR. MOHIB HAMIDI & OTHERS

Operating upon the patient with a very low platelet count was unreasonable and amounted to medical negligence. The hospital’s liability is vicarious for acts of the operating surgeon during the course of employment; entire compensation of Rs.6 lakhs is just and should be paid by the hospital.

Parties
Appellant: Nand Kishore Prasad; Respondent: Dr. Mohib Hamidi & Others
Jurisdiction
India
Judgment Date
10 May 2019
Procedural Posture
Civil Appeal / Appeal From National Consumer Disputes Redressal Commission Order
Outcome
Appeal partly allowed
Legal Topics
Vicarious Liability, Compensation Calculation, Medical Negligence Standard
Consumer Protection Medical Negligence Vicarious Liability Compensation Calculation Medical Negligence Standard

Case Brief

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Parties

Nand Kishore Prasad

Appellant

Dr. Mohib Hamidi & Others

Respondent

Procedural Posture

Civil Appeal / Appeal From National Consumer Disputes Redressal Commission Order

Legal Issues

  1. 1 Whether operating upon the patient with low platelet count amounts to medical negligence.
  2. 2 Apportionment of liability between hospital and operating surgeon.

Ratio Decidendi

Operating upon the patient with a very low platelet count was unreasonable and amounted to medical negligence. The hospital’s liability is vicarious for acts of the operating surgeon during the course of employment; entire compensation of Rs.6 lakhs is just and should be paid by the hospital.

Court Disposition

Appeal partly allowed

Orders

  • Finding of NCDRC absolving operating surgeon from negligence set aside;
  • Hospital to pay entire Rs.6,00,000 as compensation;