breach
of
duty
by
doctors
and
its
causation.
If
the
complainant
is
able
to
prove
that
the
injury
suffered
by
him/her
is
due
to
the
negligence
on
part
of
a
doctor
in
excising
the
duty
of
care
and
doctor’s
failure
to
act
in
accordance
with
the
standards
of
reasonably
competent
medical
men
which
he
should
have
exercised
at
that
time,
then
the
doctor
may
be
held
liable
for
negligence.
Normally,
the
liability
for
medical
negligence
arises
only
when
the
complainant
is
able
to
discharge
the
burden
on
him
of
proving
medical
negligence.
Charges
of
Medical
Negligence
Though,
the
cases
of
medical
negligence
is
increasing
rapidly
in
India,
the
amount
of
frivolous
complaints
against
doctors
have
also
increased
exponentially.
A
medical
professional
may
be
held
liable
for
negligence
when;
•
•
He
was
not
possessed
of
the
requisite
skill
which
he
professed
to
have
possessed;
He
did
not
exercise,
with
reasonable
competence
in
the
given
case,
the
skill,
which
he
did
possess.
Mere
error
of
judgment
by
doctors
does
not
arises
the
liability
of
doctor
only
if
decision
taken
by
doctor
is
in
due
consideration
of
all
the
facts
and
circumstances
of
the
case.
Failure
of
operation
and
side
effects
of
treatment
cannot
amount
to
negligence
by
the
doctors.
The
doctor
may
not
be
held
liable
for
negligence
because
someone
else
of
better
skill
or
knowledge
would
have
prescribed
a
different
method
of
operation
in
different
way.
So
long
as
a
doctor
follows
a
practice
acceptable
to
the
medical
profession
of
that
day,
he
cannot
be
held
liable
for
negligence.
The
Courts
in
India
may
held
doctor
liable
for
medical
negligence,
only
if
he
has
fallen
short
of
standard
of
reasonable
medical
care.
The
Complainant,
in
cases
of
medical
negligence
needs
to
prove
the
allegation
of
negligence
by
adducing
reliable
evidence
and
has
to
be
supported
by
expert
evidence.
The
burden
of
proving
the
case
of
medical
negligence
lies
on
the
patient.
Cases
of
Medical
Negligence
The
Consumer
Protection
Act,
1986
has
given
the
comprehensive
definition
for
deficiency
in
services
and
with
the
landmark
judgment
of
Indian
medical
Association
vs.
V.P
Shantha,
the
treatment
provided
by
doctors
comes
within
the
ambit
o f
service
under
Consumer
Protection
Act,
1986.
Both
cases
civil
and
criminal
as
well
before
consumer
forum
are
filed
against
medical
practitioners
and
hospitals
complaining
of
medical
negligence
against
doctors.
The
Complainant
is
required
to
prove
the
allegations
of
medical
negligence
against
doctors/
hospitals
and
thereafter,
if
the
medical
practitioners
are
held
liable
for
negligence,
it
may
result
in
civil
liability
in
form
of