A patient is injured due to negligence of a junior resident working at a corporate hospital. Under which legal doctrine can the hospital (employer) be held liable for the negligent act of its employed doctor?
- A Res ipsa loquitur
- B Vicarious liability (respondeat superior) ✓
- C Contributory negligence
- D Volenti non fit injuria
Explanation
Vicarious liability (from Latin 'respondeat superior' — let the master answer) is the legal principle by which an employer is held jointly liable for the tortious acts of an employee committed within the scope of employment. A hospital employing a doctor is vicariously liable for that doctor's negligence. Under the Consumer Protection Act 2019, patients can sue both the individual doctor and the hospital. Res ipsa loquitur (A) is an evidential principle ('the thing speaks for itself') used when the negligence is self-evident. Contributory negligence (C) is a defence reducing damages when the plaintiff also contributed to the injury. Volenti non fit injuria (D) means voluntary acceptance of risk, a complete defence.
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
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