'Hospital owner is ‘vicariously’ liable for act of unqualified minor nurse he employed' says Court in Gowandi's death by wrong injection

A sessions court while denying relief to a 64-year-old doctor who ran a hospital in Govandi, has said that he is ‘vicariously’ liable for the act of an unqualified minor nurse he employed. The nurse had given a wrong injection to a two year-old toddler who was about to be discharged, which had led to his death.

The Govandi resident Dr. Sayyed Ziaullah had claimed pre-arrest bail stating that he was not present in the hospital when the incident took place and the injection was given by the nurse on duty, hence no liability can be attached to him. Prosecutor Ramesh Siroya had opposed relief to the doctor and told the court that the doctor had not renewed the registration certificate of the hospital and that apart from the nurse who had given the injection, other nurses too were not qualified.

Additional Sessions Judge GB Gurao said in his order that the doctor is admittedly the owner of Noor hospital. It also pointed out that the licence of the hospital given by the civic body had expired on Mar 31, 2020 and was not renewed. “It reveals from the say of the prosecution that the applicant had employed a minor girl as a nurse and that she was not having any nursing training and course,” the court said. It added that he had not taken proper care and omitted to do a certain act that he should have done. The order stated that in the incident the toddler aged two years and two months had lost his life due to mis-application of drug by an untrained nurse. Thus, the applicant is vicariously responsible for the act of such a nurse, it stated.

Judge Gurao said that despite correspondence from the investigating officer, the hospital administration did not give information about the doctors and nurses in the hospital. “The offence is serious. Thorough investigation is necessary,” the court said, adding that considering the nature of the offence, he is not entitled to anticipatory bail.