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Expert denying to give affidavit to prove a medical negligence case
30-Mar-2023 (In Consumer Court Law)
In medical negligence case it is the duty of the complainant to prove the medical negligence of the doctor/hospital by way of expert opinion in the case. If the Complainant has given the expert evidence which proves that there is negligence on the part of doctor/hospital in the case but the complainant is not able to give affidavit in support of the evidence by the experts, if experts is not ready to give his affidavit in support of the evidence then what other options do the complainant have in the case?
Examine the expert if he is willing to come to court. Secondary evidence can be led also. However secondary evidence does not have more weightage than primary evidence . But you can take a chance it helps at times
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Adv. Siddhesh Chaugule
Mumbai | 25+ Answers
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Before answering the query, it is must to know what is meant by "complainant has given evidence because if it is given, in my opinion, affidavit of expert is not required. What is required is the affidavit of the complainant.
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Adv. Avinash Rajendra Kalraiya
Nagpur | 25+ Answers
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