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prayank khemka (associate)     13 October 2011

Criminal liability of a hospital for medical negligence.

Could somebody give me some information on the possibility for the Director's/ Trustees of a hospital to be criminally liable in matter of medical negligence of their Doctors, nurses or other staff? 


 5 Replies

Nadeem Qureshi (Advocate/     13 October 2011

the director/trustee are liable for any negligence but the condition is that, at the time of negligence they are handle or control over the managment and day to day business of the company/hospital and they have knowledge about this negligence

Dr.Sidharth Arora (Advocate)     13 October 2011

It can be only civil liability...............for any criminal liability a huge lacuna in the performance of their duties should be visible and that too directly on the Director.......Mostly it is upon the treating doctor.

DrSidharth Aurora



kvss.prabhakar rao (Advocate )     14 October 2011

Dr Sidharath Arora  is correct.

prayank khemka (associate)     14 October 2011

thank you. i have also been searching for relevant case laws but have been unable to find any. if any of you know any it would be of great help. 

thank you

katierussell (usa)     07 November 2011

The legal concept of vicarious accountability and the Doctrine of Respondeat Superior occurs when the employee (health provider) commits medical malpractice or negligence within the scope of employment and the employer (trustees of hospital) is held accountable albeit the employer have done nothing erroneous. Liability attaches when it is determined that the medical provider exercised control over the negligent provider's means and methods of work.

Moreover, you can visit this site to know when you can file a claim or not: Medical Mistakes -- A Primer on the Basics of Medical Malpractice. It was a short article from Mr. Haskell, a popular lawyer in Spokane WA that has won a bunch of million dollar legal claims. That will supplement you with information about medical issues, and will widen your horizons about medical malpractice.

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