Question

LEGAL PRINCIPLE: 
1. Medical professionals are not immune from liability in tort on the ground of negligence.  
2. Services rendered to a patient by a doctor (except when given free of charge) by way of consultation, diagnosis and treatment fall in the definition of "service" under the Consumer Protection Act, in case of negligence,  the doctors are liable in tort as well as under the  Consumer Protection Act.  

FACTUAL SITUATION: A was the only child of his parents.  Once he had a high fever and his parents called a doctor at home. This doctor used to work at a respectable hospital in  Delhi. The doctor administered certain medicines and asked the nurse to stay with him for the night and administer to him a chloroquine injection. This injection was generally not suitable for young children. The nurse, without a prior test, followed instructions of the doctor and gave the injection. As a result of an allergic reaction, the child died.  The parents sued the nurse and the doctor.  DECISION: 

Options

• Doctor was rendering a "service"; hence liable to pay compensation.

• Doctor was not liable as he came to their home to give personal treatment and was not in the Hospital.

• This is not a service; hence not liable.

• Only the nurse is liable. 

Answer 1

Doctor was rendering a "service"; hence liable to pay compensation.

Explanation:

Doctor is liable, the injection which is injected to the child was not suitable for the children still the same is given to the child by the nurse which causes the death of the child. Therefore, there is negligence on the part of the Dr. for not properly instructing the nurse which caused death of the child.