LIABILITY OF HOSPITALS IN TORT CASES

Registration ID: IJNRD_327120

Published ID: IJNRD2607195

: Click Here to Get

About Hard Copy and Transparent Peer Review Report

AGRITA YADAV

LIABILITY OF HOSPITALS IN TORT CASES AGRITA YADAV* INTRODUCTION Law is a fundamental need of the society and it helps as well as affects different segments of the society including the hospitals and the beneficiary patients. According to legal perception, the wrongs are of two types: (i) Crime and (ii) Tort. The remedy for victim against hospitals is available both under the criminal law and in the civil law in the form of Tort. DIFFERENCE BETWEEN TORT AND CRIME The crime is a wrong in which the wrongdoer gets punishment. The victim has to simply inform the police and criminal justice system comes into action. The police reaches to the spot of crime, catches the offender and collects the evidence. Then the police files challan in court and after a trial, the wrongdoer gets punished. Victim generally gets nothing, but punishment deters such offenders to save the other persons of society. The informant to the police generally is victim or it may be a third person as well. Law on rights of victims in Criminal cases has been reformed. Victim is now entitled to a copy of FIR with all documents collected during Investigation. The Tort on the other hand is a civil wrong in which the victim files a case against the wrongdoer for the legal injury he has suffered. The word 'tort' has been derived from the Latin word 'tortum' which means 'twisted' or 'crooked', which in general sense means a wrong. Salmond has defined tort as a civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of trust or other merely equitable obligation. On proof of his injury and violation of his legal rights, the civil court grants him compensation making the wrongdoer liable to pay it to the victim. There is a concept of Vicarious Liability in Law of Torts. According to it, the master is liable for the tortious acts of its servant i.e. employees. To provide medical aid, the hospital has to employ many persons of medical profession and on any negligence done by such of the hospital's employees, the hospital authority will be held vicariously liable to pay compensation to the victim. Resolution of disputes relating to, what is commonly called, medical negligence and related matters, is most vexed, perplexing, complicated and indeed a difficult task. It would be legitimate to generalize that having regard to the nature of service expected of from the medical profession, which has been based fundamentally on intellectual and special skills and expertise, to be practiced with a recognized standard of skill and ability compared to other professions like, Advocates, Engineers, Architects, Chartered Accountants etc, the Society expects high standard of care and duty from the medical profession. It survives on trust and confidence. The influence exerted by it in the Society is unique. Enactment of Consumer Protection Act in 1986, by the Central Government of India was a landmark event. It is one of the most comprehensive and progressive piece of legislation enacted for consumers, who are supreme and sovereign. It also provides for mechanism for settlement of consumer disputes, expeditiously, free of charge and providing easy access, eschewing technicalities of procedure. As poised by the Hon’ble Supreme Court in one of its landmark judgement that the Consumer Protection Act, 1986 meets the long felt necessity of protecting the common man from hazards of exploitation as remedy available under the ordinary law for various reasons become illusory. It is heartening to note that the Apex Court in its number of pronouncements has constructed and interpreted various provisions of the said beneficent Act, serve and advance the interest of the consumer, expanding the ambit and scope of service, virtually bring in the sweep of the Act, for every service. Needless to say that Medical profession is one such service as brought under the purview of Consumer Protection Act.

Published Paper   E-Certificate

AGRITA YADAV (July-2026). LIABILITY OF HOSPITALS IN TORT CASES. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 11(7), b879-b891. https://ijnrd.org/papers/IJNRD2607195.pdf

Volume 11 Issue 7, July-2026

Pages : b879-b891

Paper Reg. ID: IJNRD_327120

Published Paper Id: IJNRD2607195

Research Area: Other area not in list

Author Type: Indian Author

Country: ALWAR, RAJASTHAN, India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2607195.pdf

Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2607195

Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)

UGC CARE JOURNAL PUBLICATION | ISSN: 2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar | ESTD YEAR: 2016

An International UGC CARE JOURNAL PUBLICATION, Low Cost, Scholarly Open Access, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Publisher: IJNRD (IJ Publication) Janvi Wave | IJNRD.ORG | IJNRD.COM | IJPUB.ORG

© 2026 - Authors hold the copyright of this article. This work is licensed under a Creative Commons Attribution 4.0 International License. and The Open Definition. This article is distributed under the terms of the Creative Commons Attribution 4.0 International License (CC BY 4.0). 🛡️ Disclaimer: The content, data, and findings in this article are based on the authors’ research and have been peer-reviewed for academic purposes only. Readers are advised to verify all information before practical or commercial use. The journal and its editorial board are not liable for any errors, losses, or consequences arising from its use.

Call For Paper - Volume 11 | Issue 8 | August 2026

IJNRD is a Scholarly Open Access, Peer-Reviewed, Refereed, and UGC CARE Journal Publication with a High Impact Factor of 8.76 (calculated by Google Scholar & Semantic Scholar | AI-Powered Research Tool). It is a Multidisciplinary, Monthly, Low-Cost, and Transparent Peer Review Journal Publication that adheres to the New UGC CARE Transparent Peer-Reviewed Journal Policy and aligns with Scopus Journal Publication standards to ensure the highest level of research quality and credibility.

IJNRD offers comprehensive Journal Publication Services including indexing in all major databases and metadata repositories, Digital Object Identifier (Crossref DOI) assignment for each published article with additional fees, citation generation tools, and full Open Access visibility to enhance global research reach and citation impact.

The INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT (IJNRD) aims to advance applied, theoretical, and experimental research across diverse academic and professional fields. The journal promotes global knowledge exchange among researchers, developers, academicians, engineers, and practitioners, serving as a trusted platform for innovative, peer-reviewed journal publication and scientific collaboration.

Indexing Coverage: Google Scholar, SSRN, ResearcherID-Publons, Semantic Scholar (AI-Powered Research Tool), Microsoft Academic, Academia.edu, arXiv.org, ResearchGate, CiteSeerX, ResearcherID (Thomson Reuters), Mendeley, DocStoc, ISSUU, Scribd, and many other recognized academic repositories.

Transparent Peer Review Journal Publication: IJNRD operates a strict double-blind peer review system managed by 3000+ expert reviewers, ensuring ethical, unbiased, and high-quality review for every research paper.

For Indian Authors : Get a transparent peer review report from Scholar9.com for just ₹1000. View Sample Report

For Foreign Authors : A detailed peer review report is available through Scholar9.com for $20 USD. View Sample Report

Transparent Peer Review Journal Publication

⭐ Transparent Peer Review | 🕵️‍♂️ Double-Blind | 👨‍🏫 3000+ Expert Reviewers | 🇮🇳 Report for India Author ₹1000 | 🌐 Report for Foreign Author $20 | 📄 Sample Reports on Scholar9.com | 🌍 High Credibility | ⚖️ Ethical & Unbiased Evaluation

How to submit the paper?

By Our website

Click Here to Submit Paper Online

By Mail

Send your paper to editor@ijnrd.org

Recently, the UGC discontinued the UGC-CARE Journal List and introduced new parameters that allow publication in Transparent Peer-Reviewed (Refereed) Journals. IJNRD is Transparent Peer Review Journal Valid As per New UGC Notification.

You can now publish your research paper in IJNRD.ORG. IJNRD is a Transparent Peer-Reviewed Open Access (Refereed Journal), UGC and UGC CARE Approved, Crossref DOI, Multidisciplinary, Impact Factor calculate by Google Scholar. As an International, open-access, and online journal, Publishing with us ensures wider reach, academic credibility, and enhanced recognition for your work.

For more details, refer to the official notice: UGC Public Notice

⭐ Low Cost ₹1570 | 📚 UGC CARE Approved | 🔍 Peer-Reviewed | 🌐 Open Access | 🔗 Crossref DOI & Global Indexing | 📊 Google Scholar Impact Factor | 🧪 Multidisciplinary

Submit Paper Online  Call for Paper  About IJNRD UGC CARE Approval

Important Dates for Current issue

Paper Submission Open For: August 2026

Current Issue: Volume 11 | Issue 8 | August 2026

Impact Factor: 8.76

Last Date for Paper Submission: Till 31-Aug-2026

Notification of Review Result: Transparent peer review process - your paper is evaluated by experts, and you receive acceptance or rejection updates via email and SMS.

Publication of Paper: Once all documents are submitted, your paper is published without delay, and you can instantly download your certificate and confirmation letter online.

Frequency: Monthly (12 issue Annually).

Journal Type: IJNRD is an international open-access journal offering Low Cost Journal Publication, transparent Peer Review Journal Publication, Crossref DOI, and multidisciplinary research visibility under UGC CARE Approved Journal Publication.

Subject Category: Research Area

Approval, Licenses and Indexing: More Details

Call For Paper - Volume 11 | Issue 8 | August 2026

IJNRD.org offers low-cost journal publication starting at ₹1570 with UGC CARE Approved, refereed, peer-reviewed, open-access publishing. This multidisciplinary monthly journal, available in both online and print formats, features a strong Google Scholar-based impact factor of 8.76, Transparent Peer Review, CrossRef DOI, global indexing, fast publication, and complete metadata for maximum research visibility and citation impact across multidisciplinary domains.

Volume 11 | Issue 8 | August 2026 | IJNRD Transparent Peer Review Certificate | Submit Paper Online till 31-Aug-2026

⭐ UGC CARE Approved Refereed Journal | 🔍 Transparent Peer Review | 🌐 Open Access Publishing | 💰 Low-Cost ₹1570 | 🔗 CrossRef DOI & Global Indexing | 📊 Google Scholar Impact Factor 8.76 | 🧪 Multidisciplinary | Online & Print

Submit Paper Online