Medico Legal Corner
Can doctor be held liable for not rendering a service or facility, which is not available in the hospital?
Dr KK Aggarwal & Advocate Ira Gupta, 07 March 2019
The doctor cannot be held liable for not rendering a facility, which was not available in the hospital. If the hospital knowingly fails to provide some amenities that are fundamental for the patients, then it would certainly amount to medical malpractice; but for the same the doctor cannot be held liable for medical negligence.In the matter Malay Kumar Ganguly vs Sukumar Mukherjee & Ors. AIR 2010 SC 1162, the Hon’ble Supreme Court of India has held that:
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