medical negigens part of professional body

Querist : Anonymous (Querist) 17 December 2009 This query is : Resolved
If a hospital has a team of surgeons and one of the team members who is monetarily benefitting from surgery but not an acti9ve participant in the surgery or operationn; is he liable of any punishment, if a case of medical negligence is put up in court that is Cnsumer forum or civil suit.
A.K. Roy

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Raj Kumar Makkad (Expert) 17 December 2009
No. such absentee team member not performing any role in the surgery under litigation is not liable to face any consequences.

Devajyoti Barman (Expert) 17 December 2009
What capacity the surgeon was there in the team? If he is a member of the team under whose supervision the surgery was performed though he may not performed actual acts of surgery, then he is liable to be sued.

Arvind Singh Chauhan (Expert) 18 December 2009
Agree with burman Sir.

Sachin Bhatia (Expert) 18 December 2009
agree with Mr.Barman

Kiran Kumar (Expert) 18 December 2009
as far as Vicarious liability is concerned i agree with Mr.Burman.

in case of civil liabilty the hosptial admin can be ordered to compensate for the acts done by its docs.

as far as criminal liabilty is concerned it can not be prusued in consumer court or civil court....for criminal liability the doctors who actually performed and who actually guided the surgery will have to be prosecuted and if proved guilty then each and everyone will be punished as according to the role played by them.