A private hospital employs a specialist surgeon as a permanent salaried employee. The surgeon negligently performs a wrong-site surgery. Under the principle of vicarious liability, which of the following is CORRECT?

• A Only the surgeon is liable as they committed the act independently
• B The hospital is jointly and severally liable for the surgeon's negligence as employer ✓
• C The hospital is not liable because medicine is a personal-skill profession beyond employer control
• D Vicarious liability applies only to government hospitals under Section 65 of BNS

Explanation

Vicarious liability (respondeat superior) holds an employer jointly and severally liable for the negligent acts of an employee done in the course of employment. A salaried hospital specialist performing hospital duties is acting within the scope of employment, making the hospital co-liable. This principle was affirmed in Indian courts (including the Supreme Court in Achutrao Haribhau Khodwa case and subsequent NCDRC judgements). The consumer complaint can be filed against both the surgeon and the hospital. Option C incorrectly invokes professional autonomy as a defence against vicarious liability.

Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.

High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP

Written and medically reviewed by the StethoPrep medical team.