How does the court go about in a medical negligence case?
After the complainant files a complaint, there is the admission stage based on prima facie. The case is admitted and then the doctor is served a notice. He then files return statement (version). The evidential documents are put on records and the court decides the judgement depending upon the evidence. Is it difficult to give judgement in medico-legal cases? No, not at all. I am very lucky that I know most of the aspects that go into the treatment of a patient. And as I have done my Ph D in Medical Negligence, things are quite simple. Are the doctors panic-stricken due to CPA? Yes, the doctors are scared and in the bargain, something known as defensive practice has set in. Earlier doctors relied on their clinical judgement but today they make sure that they get all the investigations done. But this has termed as a burden to the patients. But actually speaking, it is good for both patients and doctors, because there is less room for errors. But once health insurance comes into picture,
