There are many judgments clarifying the said subject.

• There are times when the unexpected results may not be due to negligence of the doctor but due to negligence of patients or relatives. This is contributory negligence. For instance, the patient does not come for follow-up as advised, does not follow instructions, patient leaves hospital against medical advice, etc. The burden of proof of contributory negligence on the part of the patient lies on the doctor. 
• Surgical operation was performed on the patient/deceased by respondent no. 3 for the removal of abdominal tumor and two bags were fitted to drain out the fluids. The condition of the patient deteriorated and he consulted another hospital at Jodhpur where he was diagnosed with post-operative complications of Adrenelectomy and Gluteal abscess which resulted to his death. After looking at the medical literature and the evidence of eminent doctors of AIIMS, the National Commission dismissed the complaint. After the discharge of the deceased/patient from the hospital, the doctors had advised regular follow-up, which the deceased failed to attend. The damage to the pancreas was repaired immediately with interrupted non-absorbable sutures and drains were placed. Respondent no.3 had reasonable degree of skill and knowledge and the Court observed that as long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence.  
• Illinois courts recognize that exceptions exist to the general rule under some circumstances. Illinois courts have held that comparative negligence is applicable when the plaintiff’s negligence is a legally contributing cause of his harm if, but only if, it is a considerable factor in bringing about his harm even in cases where physicians have not argued comparative negligence, courts have interposed it as a defense in cases in which it is warranted by the facts and the evidence. 

Suggested Reading

1. Brig K Chauhan, Lt Col SM Perumal, Lt Col S Hiwale, Lt Col Rajkumar. Medical Negligence in Military Hospitals. MJAFI 2007;63:172-174.
2. 2010 SCCL.COM 97(Case No: Civil Appeal No.1385 of 2001) Kusum Sharma & Others Appellant (s) versus Batra Hospital & Medical Research Centre & Others Respondent (s) Date of Decision(mm / dd / yy): 2 / 10 / 2010.
3. Krklus v. Stanley, 833 N.E.2d 952--IL (2005).