National Consumer Dispute Redressal Commission observed that a doctor is vicariously liable for the acts of his team member which constitutes a medical negligence.
The case was regarding the death of a three year old baby Arshiyani in 2004 at Mohan Dai Owal Cancer Treatment Centre and research Foundation Hospital Ludhiana. She was underwent a treatment under the supervision of Senior doctor Dr Raman Arora.
During the treatment an injection was given through her back bone by two doctors namely Dr Harjith Singh Kohli and Dr Vandana Bhambri. The doctors were assisting Dr Raman. After the injection the condition of Arshiya worsened and she passed away within two weeks.
It is found that the death occurred because the improper usage of the injection. The parents of Arshiya prashanth Sareena and Anjali Sareen filed a petition before Chandigharh state Consumer Commission in 2005 claiming comensations for the medical negligence and the death of their baby. The compensation awarded by the commission of Rupees 1680749.
Against the order of the state Consumer Commission the doctor filed an appeal but the NCDRC dismissed the appeal and held that the doctor is vicariously liable for the medical negligence conducted by the assistant doctors
