The doctrine of 'corporate negligence' as applied to hospitals holds that:
- A A hospital is liable only for the acts of its employees under respondeat superior
- B Only the treating doctor can ever be sued for negligence in a hospital setting
- C A hospital has an independent, non-delegable duty to ensure reasonable standards of care, staffing, equipment and credentialing of its staff ✓
- D A hospital is automatically liable for every adverse outcome occurring on its premises
Correct answer: C. A hospital has an independent, non-delegable duty to ensure reasonable standards of care, staffing, equipment and credentialing of its staff
Explanation
Corporate negligence, established in Darling v Charleston Community Memorial Hospital (1965), imposes a direct duty on the hospital itself to provide adequate facilities, competent staff and proper systems, separate from vicarious liability for employees. Option A describes only vicarious liability, while option D wrongly suggests strict liability for all adverse outcomes, which Indian law does not impose.
Reference: Parikh's Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology, 7th ed.
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