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Medico Legal Corner
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When is it a case of negligence
Dr KK Aggarwal & Advocate Ira Gupta,  13 May 2019
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If no inquiry or experts are required, then it is a clear case of negligence. In such cases, medical negligence is established based on the doctrine of res ipsa loquitur (the thing speaks for itself).If there is any evidence of prima facie case, never events or mens rea (criminal intent).If there is violation of any of the following SCI recommendations (Martin F. D’Souza vs Mohd. Ishfaq, 3541 of 2002, dated 17.02.2009)
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