[Speaker 1] Say for example, a patient is already operated, is completely fine and then a junior doctor is supposed to put a catheter or junior doctor is supposed to put a dressing and he has not done the dressing properly and because of that some complication arises. Either he did not put the catheter properly and the patient has to undergo a procedure or even not a procedure but basically he did something wrong where the patient was inconvenience for a very long time. So what is the vicarious liability of on us? Especially if I am, two things, one, if it is in my own hospital. If I am in somebody else's hospital.
[Speaker 2] See law of if you see the medical negligence law, it is very clearly defined omission of something or commission of something which other prudent doctor will not do. Now when I talk about vicarious liability, here again, hospital is the first person who is going to be liable because they have appointed RMO and they have instructed everything and after post operative care they need to do. So first liability is definitely going to come on hospital. But at the same time, it is my personal experience that doctor is made a party because he's operated. Now in such a scenario, doctor have to defend in the court of law that my role was this much and this role was done. Post operative care, I continued, instructed, I have written on IPD paper, I have given a very clear instruction and not been followed. If you defend that my role was done and I was there and clear, you get defense of that. Let me give an example to make you understand. Many of the times surgery anesthetic has given anesthesia, patient came out of the anesthesia. Two days later some it could be embolism or it could be because of some other patient died. Here anesthetic has got all defenses remain with them that my role was to give anesthesia and till the time patient revived from the anesthesia my responsibility there which has already been done. So he can safeguard himself. Same applies to every single speciality. But again, it can be proven only by documentation. So when you are instructing RMO for doing something, it should be clearly documented on the paper and clear instruction to RMO. If he has not followed, then you have got a good defense that hospital has failed in their duty.