NEET PG Medical – 2020 – Question – 73
When civil negligence is brought up against a doctor, the onus of proof lies upon –
a) Judicial first-degree magistrate
b) Police not below the level of sub-inspector
c) Doctor
d) Patient
Show Answer
Correct Answer – D
Ans: D. Patient
“Generally speaking, it is for the patient in an action for negligence to establish the guilt of the doctor, whose innocence is otherwise assumed.”- Parikh
However, in cases where the rule of res ipsa loquitur is applied, the patient need not prove negligence. Res ipso loquitur means that “the thing or fact speaks for itself.” The patient has to merely state what according to him was the act of negligence.
Civil negligence
- When a patient (or his relative, in case of patient’s death) files suit in a civil court to get compensation from his doctor for the injury or death of the patient due to doctor’s negligence.
- A doctor files a civil suit to get fees from his patient, who refuses to pay alleging negligence.
Note that? - Even if a doctor is negligent, a patient is not entitled to any compensation if no damage has occurred.
- An error in diagnosis or treatment is not negligence provided proper care and skill has been exercised.
- Contributory negligence is not a defense in criminal negligence. (Contributory negligence is any negligence on the part of the patient or his attendant, which along with the doctor’s negligence, contributed to the injury)
- Criminal negligence cases are dealt with under I.P.C. section 304A.
