Who is Responsible For Negligence?

Dr KK Aggarwal
Padma Shri and Dr B C Roy National Awardee
President, Heart Care Foundation of India

This point often comes when we debate on cause of medical negligence in our monthly Delhi Medical Council meetings.

For example, if a patient is treated by a doctor and negligence takes place, then who is responsible – is it the head of the unit, subordinates, his juniors, nurses or the paramedics?

The primary responsibility is of the doctor who is treating. He chose the team who coordinates his orders.

In the Uphaar cinema case it was Sushil Ansal and Gopal Ansal who had to face the axe being the HOD of the cinema hall.

Recently Delhi High Court has made a statement that why Police has taken action against the ACP (Traffic) in the Delhi gang rape case and why not the DCP (Traffic) or the Commissioner of Police.

If you recall the Indira Gandhi’s era, every time, there was a railway mishap, the Railway Minister used to resign on moral grounds taking the responsibility of the accident, but over the last few years, this has not happened and is bad political culture. I personally feel it is the responsibility of the leader who chooses his team and is responsible for team’s action.

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