In a significant medico-legal development, the Delhi High Court ruled that hospitals can be held vicariously liable for negligence committed by visiting or consultant doctors , even if they are not on the full-time payroll. The court emphasized that once a hospital allows a practitioner to treat patients under its roof, it assumes a duty of care extending to all services provided — whether by permanent or visiting doctors. The case stemmed from a complaint involving delayed diagnosis and improper post-operative care at a private hospital, where the treating consultant was an independent practitioner.
The judgment clarified that patients perceive treatment as being rendered “by the hospital,” not by individual consultants, thereby binding institutions to accountability for quality and safety. This ruling has major implications for hospital administrators, consultants, and insurance…
