Section 45 in West Bengal Clinical Establishment (Registration, Regulation and Transparency), Rules, 2017
45. Vicarious Liability.
(1)The service recipient shall have the right to receive such health care services corresponding to state of health, as assured by the clinical establishment within its limits of declared resources, manpower and competence available for services at the relevant time.(2)It is the responsibility of not only the service provider but also the licensee and the owner of the clinical establishment to :(a)provide the service recipient with the assured service without any undue denial, delay, discrimination, harassment or deficiency; and(b)provide the service recipient appropriate healthcare and non-healthcare services of reasonably good quality.(3)If any service recipient cannot immediately be given care and treatment that is medically necessary he shall, depending on his state of health, either be directed to wait for care, or be referred or sent for care and treatment elsewhere, where the appropriate care and treatment can be rendered :Provided that, the service recipient shall be informed of the reason for such delay if service recipient has to wait for care.(4)The Owner or Occupier, as the case may be, of the clinical establishment shall be responsible for any act of misconduct by the service provider engaged by the clinical establishment as an employee or consultant unless it can be proved beyond reasonable doubt that such acts of misconduct was beyond the Licensee's supervisory control.(5)The clinical establishment shall be responsible for any test report provided by it in cases where the sample or specimen is collected by them and sent for examination but the actual tests are being performed by a reference laboratory.
