Wrong Treatment, Wrong Drug, and Delegation of Duties to Juniors

Gross Medical Mistake will always result in finding of negligence

Appellants: Spring Meadows Hospital and Anr.
Vs.

Respondent: Harjol Ahluwalia through K.S. Ahluwalia and Anr.AIR1998SC1801

It is held by Supreme Court

Para 10  Gross medical mistake will always result in a finding of negligence. Use of wrong drug or wrong gas during the course of anaesthetic will frequently lead to the imposition of liability and in some situations even the principle of res ipsa loquitur can be applied. Even delegation of responsibility to another may amount to negligence in certain circumstances. A consultant could be negligent where he delegates the responsibility to his junior with the knowledge that the junior was incapable of performing of his duties properly. We are indicating these principles since in the case in hand certain arguments had been advanced in this regard, which will be dealt with while answering the questions posed by us,