Dr. MC Gupta, a legal expert, clarifies the responsibilities of a hospital and an accompanying doctor in an ambulance when a patient faces any medical emergencies during transit from one hospital to another.

Question: What is the legal responsibility of an ambulance ownder or accompanying doctor, if a medical emergency occurs during travel between hospitals?

Dr. MC Gupta's answer

1. When the patient is being transported from one hospital to another, in the ambulance provided by a hospital, he is deemed to be in the custody of the hospital that provides the ambulance/doctor/paramedical staff. The responsibility for any negligence will lie with the hospital concerned.

2. When the patient is being transported from one hospital to other, at the advice of the previous hospital, in an ambulance arranged by the patient on his own, whether there is or not any hospital staff in the ambulance, the responsibility for any negligence will lie with the first hospital. Part responsibility may also lie with the ambulance service provider.

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The writer, Dr. MC Gupta is a practising lawyer specialising in medical negligence cases. He also has an MD Medicine from AIIMS, Delhi where he also worked as a faculty member for 18 years, later working another 10 years as a Professor and Dean at National Institute of Health and Family Welfare, New Delhi, before pursuing law.