Associate Professor, School of Law, Christ University, Bangalore
Online published on 21 November, 2013.
Liability of a doctor for negligence may arise under Contract Law or Tort Law or Consumer Protection Act. But the burden of proving negligence on the part of a doctor falls on the patient,1 which is a cumbersome task. There are a few exceptions to the rule, which to a certain extent reduces the burden. In this article an attempt is made to critically analyse the legal provisions pertaining to the responsibility of a patient to prove medical negligence of doctor but for which he cannot avail the legal remedies.
