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The onus of proving negligence rests upon the person who asserts it

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eMediNexus    06 December 2022

In the matter titled “Vaqar Mohammad Khan & Anr. versus Dr. S.K. Tandon Original Case No. 47 of 2000,” decided on 30.3.2002, the Madhya Pradesh State Consumer Disputes Redressal Commission held that “The burden of proving negligence rests upon the person who asserts it – In medical negligence cases, it is for the patient to establish his case against the medical man and not for the medical man to prove that he acted with sufficient care and skill...”.

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