Abstract

This is fourth case in the kitty of more than one crore compensation in medical negligence cases in India pronounced by the Hon'ble SC on 1st July 2015 i.e. on the Doctor's Day. This case highlighted and applied various doctrines like: vicarious liability, importance of proper and relevant record keeping, timely referral and standard precautions and method of calculation of amount of compensation and factors relevant for computation of compensation. Two pediatrics doctors were held negligent in this case and Government of Tamil Nadu and Director General of Health Services were also held liable for compensation by applying the doctrine of apportionment of liability and vicarious liability.

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