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Case of Medical Negligence
05-Sep-2023 (In Consumer Court Law)
Became blind in the left eye. According to Doctor during operation there was rise in ocular pressure as a result of which operation had to be abandoned. Retina got permanently damaged. Filed a case against the hospital and the doctor. After two years of hearing, the Consumer court has told us get a report from Committee of Doctors proving that there was negligence on the doctors/hospitals part. What course of action should we take now? How the Committee of Doctors will prove that the operation was done in negligent manner. So should we move further or withdraw the case from Consumar Court?
Once you have made a complaint it will be better to get the report of the committee of the doctors without which a case of negligence cannot be made out. In my opinion take the report of the committee and pursue the matter till finality.
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You have been given an opportunity by the Consumer Court to prove your case of negligence against the doctor and the hospital and therefore you must continue to make your case in Court. Law provides that the burden of proof lies on the complainant in such cases and it therefore must be proved by you that negligence has been caused by the doctor and Hospital which you can prove best by getting a report from a committee of doctors and as such you must work towards it.
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Adv. Rohan Mittal
Panchkula | 200+ Answers
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