Are government hospitals also liable for medical negligence?

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Answer By law4u team

Yes, government hospitals in India are liable for medical negligence. Explanation: Government hospitals and their doctors are public authorities and owe a duty of care to patients. If negligence or deficiency in medical service causes harm or injury, the hospital and doctors can be held legally responsible. Courts and Consumer Forums have consistently held that public hospitals are not immune from negligence claims. Victims can file complaints under the Consumer Protection Act, 2019, or pursue civil or criminal actions against government hospitals and doctors. The government hospital may be required to pay compensation or face other legal consequences if negligence is proved. Summary: Government hospitals can be held liable for medical negligence just like private hospitals and must provide reasonable medical care.

Answer By Anik

Dear Client, Yes, government hospitals are also responsible for medical negligence. In India, government hospitals and their doctors or employees can be held liable for negligence as much as private hospitals can. The Supreme Court, in Indian Medical Association v. V.P. Shantha (1995), put it beyond doubt that when a doctor or hospital charges for medical services (even nominal fees), they fall within the purview of Consumer Protection Act, 1986.Government hospitals can be complained against by patients in consumer forums in case of a defect in service, including negligence in medical care. Even if the treatment is free, courts have held that the State or the hospital can still be held liable under tort law for negligence.For instance, in State of Punjab v. Shiv Ram (2005), the Supreme Court reiterated that government hospitals can be sued under civil law for negligence for not providing adequate care. Therefore, government hospitals have a duty of care towards patients, and failure to fulfill this duty causing harm can attract legal liability and compensation. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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