A private hospital employee (nurse) makes an error in drug administration causing patient death. Under the Consumer Protection Act 2019, who bears the primary liability for the deficiency in service?

• A The nurse alone, as the individual who committed the error
• B The prescribing physician only, as errors originate from the prescription
• C The drug manufacturer under product liability provisions
• D The hospital, as the service provider, under the principle of vicarious liability ✓

Explanation

Under the Consumer Protection Act 2019, medical services provided by private hospitals (excluding free charitable services) constitute 'services' for which the service provider is liable for deficiencies. Vicarious liability holds employers (the hospital) responsible for tortious acts of employees acting within the course of their employment. This principle was firmly established in Indian medical law by Spring Meadows Hospital vs Harjol Ahluwalia (1998, Supreme Court). The nurse's individual liability does not negate the hospital's vicarious responsibility.

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

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Written and medically reviewed by the StethoPrep medical team.