Burden to Prove Breach of Duty, Injury & Causation Lies on Claimant in Medical Negligence Cases:

Fortis Hospital’s Appeal Allowed by NCDRCIn a significant and reasoned judgment, the National Consumer Disputes Redressal Commission (NCDRC) held that in medical negligence cases, the burden of proof squarely lies on the complainant/claimant to establish the breach of duty, injury, and causation.

This ruling reinforces the need for substantive medical and legal evidence in such sensitive cases.Dr. Anthony Raju, Advocate, Supreme Court of India and a leading voice in consumer protection and medical negligence law, welcomed the clarity of the ruling:

“This is a highly appreciated and legally sound observation by the Honourable Commission. It upholds judicial discipline, safeguards responsible medical practice, and discourages frivolous or unsubstantiated claims. Consumer justice must be balanced with procedural fairness.”

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Burden to Prove Breach of Duty, Injury & Causation Lies on Claimant in Medical Negligence Cases:

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Burden to Prove Breach of Duty, Injury & Causation Lies on Claimant in Medical Negligence Cases:

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