NCDRC: Burden of Proof Lies on Complainant To Prove Negligence, Injury, and Causation in Medical Cases

The National Consumer Disputes Redressal Commission (NCDRC) has ruled that in medical negligence cases, the burden to prove breach of duty, resulting injury, and causation lies on the complainant.

The decision came while allowing an appeal filed by Fortis Hospital against a ₹15 lakh compensation order from a lower forum in a medical negligence case.

The NCDRC observed that courts must not assume negligence merely because the outcome was unfavorable.

The court emphasized the need for expert evidence and a clear linkage between medical conduct and injury.