The burden of proof of negligence, carelessness, or insufficiency usually lies with the complainant. However, the doctrine of res ipsa loquitur, i.e., “the thing speaks for itself”, comes into play in situations of gross negligence or rashness. No proof of negligence is required beyond the accident itself in such cases.

Never events are situations where deficiency of service or negligence is presumed and no trial of expert’s evidence is required. Following are some examples rectified by various court judgments:

• Removal of the wrong limb
• Performance of an operation on the wrong patient
• Giving injection of a drug to which the patient is allergic without looking into the outpatient card containing the warning  
• Use of wrong gas during anesthesia, etc.  
• Relatives found a pair of scissors while collecting the last remains. Compensation of Rs. 1.20 lakhs
• Mop left in abdomen, 2nd surgery, death.  

The doctrine of res ipsa loquitur is applicable in situations of never events.

Suggested Reading

1. IMA vs VP Shantha 1995 (6) SCC 651 (37)
2. Spring Meadows Hospital v. Harjol Ahluwalia SC/1014/1998 : (1998) 4 SCC 39
3. Nihal Kaur vs Director, P.G.I.M.S.R. (1996) CPJ 112 (Chandigarh, stat consumer forum)
4. Achutrao Haribhau Khodwa & ors. vs State of Maharashtra and Ors. (1996) 2 SCC 634
5. 334/2005/SCI/ 144-145 of 2004: Jacob Mathew vs State of Punjab and Anr: 5th  August 2005: R C Lahoti, CJI: Hon’ble Mr. Justice G P Mathur, Hon’ble Mr. Justice P K Balasubramanyan
6. SC/4119 of 1999 and 3126 of 2000, 14.05.2009, Nizam Institute of Medical Sciences Vs. Prasanth S. Dhananka and Ors.: B.N. Agrawal, Harjit Singh Bedi and G. S. Singhvi, JJ.