Thiruvananthapuram: The Kerala State Consumer Disputes Redressal Commission has modified a Pathanamthitta Consumer Disputes Redressal Commission order that directed a private hospital to entirely recompense for a medical negligence committed by its doctors. It further fixed the responsibility of negligence on both institution and its staffers.
A. Jayadevan, a patient from Kozhancherry, was admitted at Pushpagiri Medical College Hospital after head injury he suffered in an accident in 2009. However, during the treatments, a surgical injury was caused to his liver and this resulted in his death. With this, his family sued the hospital in Pathanamthitta Consu-mer Disputes Redressal Forum. The doctors’ statements were recorded during the course of trial.
The forum ordered the hospital to pay a compensation of Rs 3 lakhs and refund Rs 1.2 lakh which was the treatment cost. The hospital was left with the option to levy costs from the benefits it gave to doctors. The hospital appealed against the forum as it did not fix liability against the doctors concerned. The commission observed that a servant or employee is liable for his negligence. His employer is vicariously liable for the negligent acts or omissions of the employee committed in the course of his employment.
