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Dr KK Aggarwal & Advocate Ira Gupta 29 July 2020
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).
1. If there is any evidence of prima facie case, never events or mens rea (criminal intent).
2. 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):
3. If there is any violation of established treatment guidelines with no consent.
4. If informed consent was not taken
5. If a copy of medical records were not given in time despite request by the patient or authorized person
6. If the act in question is a willful act
7. If the patient was neglected at any time or not attended to in an emergency.
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