Medical negligence not limited to treatment only
Supreme Court in its judgment DT. 22.04.2014 in the matter of Ashish Kumar Majumdar v/s Aishi Ram Batra Charitable Hospital Trust & others 11(2014) CPJ 5(SC) explained the theory of Res Ipsa Loquitur and held that duty of the hospital is not limited to diagnosis and treatment but extends to looking after the safety and security of the patient, particularly those who are sick and under medication. In the present case patient was admitted to OP hospital who was suffering from high fever, had gone out of stroll in the middle of night being unable to sleep. He was found lying on the ground and sustained injuries…He had jumped out of the window of his room dispite the presence his sister leading to the injuries suffered.Hospital was held liable for not maintaining the necessary vigil in the hospital premises to ensure safety of the patients.