Burden To Establish Breach Of Duty, Injury, Causation Lies On Claimant In Medical Negligence Cases, NCDRC Allows Fortis Hospital's Appeal

The National Consumer Disputes Redressal Commission (NCDRC), in a case involving Fortis Hospital, has reaffirmed a key principle of medical negligence law: the burden of proof lies on the claimant. The NCDRC allowed the hospital's appeal, stating that in a medical negligence case, the person making the allegation must establish three things: a breach of the standard duty of care by the doctor or hospital, an injury suffered by the patient, and a direct causal link between the breach of duty and the injury. It is not enough to simply show that an injury occurred; the claimant must provide evidence to prove that the injury was a direct result of negligence. This ruling clarifies that the onus is on the patient or their family to demonstrate, through credible evidence or expert testimony, that the medical professional's actions fell below the accepted standard of care.