Father fights against doctor's medical negligence leading to son's death; SC awards Rs 15 lakh compensation, holds hospital responsible

Time of India

28-04-2025

When an individual or their loved ones get admitted to a hospital, they expect the highest level of care, accurate diagnosis, and effective treatment from the doctors. However, sometimes
medical negligence
and non-performance of duty on the part of the doctor can lead to an individual's death.
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In such a case, can the aggrieved family hold the doctor liable? Is the hospital also accountable to the deceased's family in such a case? Yes, as per the
Supreme Court
.
In a recent verdict dated April 22, 2025, the Supreme Court upheld NCDRC's (
National Consumer Disputes Redressal Commission
) verdict that a hospital stands vicariously liable for a patient's death, caused by its doctor's medical negligence.
According to the apex court, there was sufficient evidence, like medical records and treatment history, against the hospital and the doctor, pointing to medical negligence. Moreover, the hospital had also failed to disprove the same, despite claiming adherence to standard care procedures.
'Having considered the submission made by the counsel for the parties and upon going through the records of the case, it is apparent that there is ample evidence as well as records to indicate that there was indeed medical negligence on the part of the appellant (Kamineni Hospital, Andhra Pradesh) and respondent no. 2 (Dr. J.V.S. Vidyasagar)', the judgment highlighted.
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What was the case?
In December 2006, Shivram Prasad's son (aged 27 years) sustained a fracture on his left leg and was taken to Kamineni Hospital, where Dr. JVS Vidyasagar, an orthopaedic surgeon, examined him.
It was alleged that the patient was operated on hurriedly the next day without informed consent, and the doctor did not properly evaluate the patient's existing symptoms before operating.
'At the admission itself, the patient presented with classic signs of fat embolism, but it was left untreated or uncared for. The treating surgeon should have also been vigilant and should have expressed his apprehension/risk to perform ILN (interlocking nail fixation surgery),' the judgment said.
'Postoperatively, the patient was kept on ventilator support. It was further alleged that the doctors and nurses did not attend to him regularly despite his pain and suffering. The treating doctors, after 3 days, informed Prasad about the good recovery of his son. But on December 12, the doctors informed Prasad about the death of his son at 4 p.m. Prasad further alleged that despite requests, the hospital did not issue the entire medical record,' the NCDRC judgment further clarified.
While the doctor was fined Rs 5 lakh, which was already paid, the Supreme Court also set the hospital's fine at Rs 10 lakh, which had already been deposited by Kamineni Hospitals in a fixed deposit with the court.
Vicarious liability—Hospitals cannot go scot free if doctor is negligent
Under vicarious liability, a principal (in this case, the hospital) can be held legally responsible for the acts or omissions of its agents/employees/associates if such acts or omissions occur in the course of their engagement or employment.
Explains Biplab Lenin, Partner, Cyril Amarchand Mangaldas, 'Hospitals are vicariously liable for acts of medical negligence committed by doctors employed or empanelled by them. When patients choose a hospital, they rely on the institution's overall reputation and expect consistent, competent care. A breach of this duty—whether by omission or commission-—constitutes actionable medical negligence if it deviates from the standard of care expected from an ordinarily prudent medical professional and results in harm to the patient.'
Hence, a hospital's liability arises even if it was not itself directly negligent, as long as it had control over the services rendered. This serves as a means to hold the hospital accountable, since patients often seek treatment based on the hospital's reputation.
'In case of hospitals, the doctors, nurses, technicians and other employees can be held liable for the acts or omissions, in the course of their employment in the hospital,' says Shashank Agarwal, Advocate, Delhi High Court
How can affected families seek compensation?
Medical negligence, which includes actions like misdiagnosis, delayed treatment, surgical errors, administration of incorrect medication, or failure to obtain informed consent by the doctor, is assessed by the court on a case-by-case basis.
Families of patients impacted by medical negligence may seek redressal through multiple avenues, like filing a complaint before the consumer court under the Consumer Protection Act for compensation, initiating a civil suit for damages, or, in certain grave cases, lodging a criminal complaint for causing death by negligence.
'Additionally, complaints can be filed with the State Medical Council or
National Medical Commission
for disciplinary proceedings against the medical professionals involved. Key evidence in such cases includes the patient's complete medical records, prescriptions, diagnostic test reports, operation or treatment notes, and discharge summaries. Medical expert opinions are often crucial in establishing a deviation from accepted medical standards,' says Priya Dhankhar, Counsel, SKV Law Offices
Will insurance be of any help in such cases?
In some cases, insurance can be of help, especially if medical negligence has been established. Generally, hospitals and doctors carry
professional indemnity insurance
, which covers liabilities arising out of such claims. This allows compensation to be paid to victims or their families through the insurer.
Additionally, patients may claim health or life insurance benefits under their individual policies, provided the policy term covers incidents of medical negligence. However, such claims may be subject to scrutiny by insurance companies.
Experts note that while life insurance policies generally cover medical negligence, this might not be the case in health insurance policies, since they typically only cover medical expenses.
'As per the Insurance Regulatory and Development Authority of India (IRDAI), death claims attributable to medical negligence, if any, are not excluded under life insurance policy contracts, and such death claims are settled in accordance with the terms and conditions of the policy contract and the extant regulations governing the settlement of claims', explains Devansh Jain, Partner, PSL Advocates & Solicitors.