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in a supreme court judgment in the case of Maharaja Agrasen hospital & Ors v Master Rishabh Sharma & Ors, the court ruled in favor of the child patient and held the hospital vicariously liable for not performing the necessary checks that would have otherwise have been necessary to have been performed by a medical professional in the situation, and not performing the check has rendered the child blind.
the court held that the reason a person goes to a hospital is due to its reputation at being able to provide health care that is both reasonable and helps the patient, and it is the hospital's duty of care towards the patient that they must make sure that the doctors employed by them are providing medical care and perform any medical procedure that would otherwise be required by the patient.
a relief of rupees 76 lakh was paid to the family of the child, as he is rendered permanently blind. the question arises as to whether an institution like the supreme court can hold a hospital liable for the action of a doctor, who acts as an extension of the hospital but still has the discretion to act. this ruling will not only make sure that doctors can now not be individual bodies that work in a hospital, but actual employees or organs to an institution like a hospital and the hospital now must make checks to make sure that it is providing the care that its reputation requires it to uphold.
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