Negligence is the breach of a legal duty of care. A breach of this duty gives the patient a right to initiate action against negligence. All medical professionals, doctors, nurses, and other health care providers are responsible for the health and safety of their patients and are expected to provide a high level of quality care. Unfortunately, medical professionals and health care providers can fail in this responsibility to their patients by not giving them proper care and attention, acting maliciously, or by providing substandard care, thus causing far- reaching complications like personal injuries, and even death.

Over the years the function of the hospital has slowly changed from ‘a venue for treatment’ to ‘a provider of treatment.’ It is important to remember that virtually every country in the world operates its own unique legal system. Persons who offer medical advice and treatment implicitly state that they have the skill and knowledge to do so, that they have the skill to decide whether to take a case, to decide the treatment, and to administer that treatment. This is known as an“implied undertaking” on the part of health care providers

Hospitals liability with respect to medical negligence can be direct liability or vicarious liability. Direct liability refers to the deficiency of the hospital itself in providing safe and suitable environment for treatment as promised. Vicarious liability means the liability of an employer for the negligent act of its employees.

An employer is responsible not only for his own acts of commission and