LEGAL PRINCIPLES:
1. Medical professionals are not immune from liability in tort on ground of negligence.
2. Services rendered to a patient by a doctor (except when given free of charge) by way of consultation, diagnosis and treatment fall in the definition of "service" under the Consumer Protection Act, in case of negligence, the doctors are liable in tort as well as under the Consumer Protection Act.
FACTUAL SITUATION: A was the only child of his parents. Once he had high fever and his parents called a doctor at home. This doctor used to work at a respectable hospital in Delhi. The doctor administered certain medicines and asked the nurse to stay with him for the night and administer to him a chloroquine injection. This injection was generally not suitable for young children. The nurse, without prior test, followed instructions of the doctor and gave the injection. As a result of an allergic reaction, the child died. The parents sued the nurse and the doctor.
DECISION:
LEGAL PRINCIPLES:
1. Medical professionals are not immune from liability in tort on ground of negligence.
2. Services rendered to a patient by a doctor (except when given free of charge) by way of consultation, diagnosis and treatment fall in the definition of "service" under the Consumer Protection Act, in case of negligence, the doctors are liable in tort as well as under the Consumer Protection Act.
FACTUAL SITUATION: A was the only child of his parents. Once he had high fever and his parents called a doctor at home. This doctor used to work at a respectable hospital in Delhi. The doctor administered certain medicines and asked the nurse to stay with him for the night and administer to him a chloroquine injection. This injection was generally not suitable for young children. The nurse, without prior test, followed instructions of the doctor and gave the injection. As a result of an allergic reaction, the child died. The parents sued the nurse and the doctor.
DECISION:
The correct option is D Doctor was rendering a "service"; hence liable to pay compensation.
Doctor is liable, the injection which is injected to the child was not suitable for the children still the same is given to the child by the nurse which causes death of the child. Therefore, there is a negligence on the part of the Dr. for not properly instructing the nurse which caused death of the child.
Doctor is liable, the injection which is injected to the child was not suitable for the children still the same is given to the child by the nurse which causes death of the child. Therefore, there is a negligence on the part of the Dr. for not properly instructing the nurse which caused death of the child.
