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A doctor is "vicariously liable" for his team, which assists him in rendering treatment, the apex consumer commission NCDRC has said while directing the treating doctors and hospital to pay Rs 16 lakh to a couple who lost their 3 year old daughter, a blood cancer patient, after she was administered injection wrongly.
The commission noted that the girl was administered an injection wrongly which worsened her situation eventually leading to her death in July 2004.
“Keeping in view the deposition, the discharge summary, the treatment record and the expert opinion we are of the considered view that there was negligence on behalf of the Hospital and the treating Doctors in administering Vincristine to the Patient intrathecally”.
The order of the Commission came in the case of Arshiya, daughter of a Ludhiana-based couple Prashant and Anjali Sareen, who was being treated for blood cancer in Mohan Dai Oswal Cancer Treatment and Research Foundation Hospital there.
It said that since the entire standard protocol was given by Dr Arora and the entire treatment was rendered under his care, he is liable for any commission or omissions by his team who assisted him in rendering treatment.
Applicable Law: MCI Ethics Regulation 7.18 "In the case of running of a nursing home by a physician and employing assistants to help him / her, the ultimate responsibility rests on the physician."
Dr KK Aggarwal
Padma Shri Awardee
President Elect Confederation of Medical Associations in Asia and Oceania (CMAAO)
Group Editor-in-Chief IJCP Publications
President Heart Care Foundation of India
Past National President IMA