Principal, Rani Durgavati Medical College, Banda, U.P.
Hon'ble Supreme Court of India in a case titled: J.V.K Rao vs. Nikhil Super Speciality Hospital & Anr., 2010, observed that expert evidence is not required in all medical negligence cases -Expert evidence is necessary when Consumer Fora comes to the conclusion that case is complicated or such that it cannot be resolved without assistance of expert opinion – Fora cannot follow mechanical or strait jacket approach -Each case has to be judged on its own facts. SC further observed that fact and circumstances of the particular case will decide on the discretion of the Consumer Fora for the need to ask for or allow expert evidence. Lack of clarity on this important issue results in delay in disposal of medical negligence cases. This paper deals with study of important cases decided by the Hon'ble Supreme Court of India on the issue of need for expert evidence in deciding medical negligence cases. This will help all stakeholders to understand the importance of expert medical evidence in complicated and highly technical alleged negligence cases coming for adjudication before various consumer courts of India. Early disposal of cases of medical negligence cases is the need of the hour.
Expert opinion, Medical evidence, Mechanical approach, Strait jacket approach, Medical opinion, Medical negligence, Consumer court, Supreme court
