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Trust, not doctor, liable for damages: Consumer court

A state's consumer court has held that a doctor cannot be held responsible for damages sustained by patient during surgery, but the hospital or trust that employs the doctor is liable to pay compensation to the patient.

In this case, a Mehsana's consumer forum in 2006 had asked an ophthalmologist, Dr Rupesh Shah, to pay Rs 75,000 towards compensation for his negligence during a surgery conducted on a patient - Ganpatbhai Sadhu at M N Vakhariya Sarvoday Eye Hospital at Radhanpur. This hospital is run by a trust - Sarvoday Arogya Nidhi. The doctor treated the patient for cataract, but the patient lost vision in the right eye.

The doctor was not satisfied with the court's decision and he approached the Gujarat State Consumer Disputes Redressal Commission with claims that he being an employee of the trust was not liable to pay damages, but the employer has to pay the compensation. The commission accepted his argument and ordered the trust instead to pay the compensation to the patient.

Article referred: http://articles.timesofindia.indiatimes.com/2013-12-15/ahmedabad/45215122_1_consumer-court-patient-damages

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