Maharaja Agrasen Hospital & Ors. v. Master Rishabh Sharma & Ors.
Court
Supreme Court
Year
2019
Category
Vicarious Liability
Compensation
Rs. 76,00,000 awarded to the complainant
Background
Master Rishabh Sharma was born prematurely at 32 weeks and admitted to Maharaja Agrasen Hospital. Despite being at high risk, the pediatricians and ophthalmologist failed to advise or conduct a mandatory ROP (Retinopathy of Prematurity) check-up. The disease remained undiagnosed and progressed to Stage 5, causing the baby irreversible total blindness. Furthermore, the hospital withheld the medical records for over two years after discharge.
The Legal Question
Whether the treating doctors and the hospital were medically negligent in failing to screen the premature baby for ROP, and whether the hospital can be held vicariously liable for the negligence of its doctors.
The Court's Decision
The Supreme Court found the hospital and doctors guilty of gross medical negligence for failing to conduct the ROP screening and inform the parents of the risks. The Court affirmed that the hospital is vicariously liable for its doctors and enhanced the compensation to Rs. 76,00,000.
A hospital is vicariously liable for the medical negligence committed by the doctors engaged or empanelled by it. Furthermore, the standard of care requires adherence to established medical protocols and the duty to inform patients of material risks.
Relevant Legal Provisions
What This Means for Your Practice
Hospitals are vicariously liable for the negligence of doctors they employ or empanel.
Strict adherence to standard medical protocols, such as mandatory screenings, is legally required.
Failure to maintain and provide medical records within 72 hours of a request constitutes professional misconduct.
Doctors have a legal duty to inform patients and guardians of material risks and necessary follow-up care.
Original Judgement
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