Under the principle of 'res ipsa loquitur' (the thing speaks for itself) in medical negligence, what must be established by the plaintiff, and in which landmark Indian case was it applied?
- A The plaintiff must prove specific breach of duty; applied in Dr. Suresh Gupta v. Govt. of NCT of Delhi
- B Res ipsa loquitur applies only to criminal medical negligence under IPC Section 304A and not to civil cases
- C Plaintiff must show the exact mechanism of negligence; res ipsa loquitur was held inapplicable to medicine by the Supreme Court
- D The occurrence itself provides prima facie evidence of negligence (e.g., surgical sponge left in abdomen); plaintiff must show the defendant had exclusive control, the injury would not occur without negligence, and plaintiff did not contribute; applied in Achutrao Haribhau Khodwa v. State of Maharashtra (1996) ✓
Explanation
In Achutrao Haribhau Khodwa v. State of Maharashtra (1996), the Supreme Court of India applied res ipsa loquitur when a mop was left inside a patient's abdomen post-operatively, causing her death. The doctrine shifts the evidential burden: when an injury of a type that does not ordinarily occur without negligence happens in circumstances exclusively controlled by the defendant, negligence is inferred without requiring the plaintiff to specify the exact act. Requirements are: (1) exclusive control by defendant, (2) injury would not ordinarily occur without negligence, (3) no contributory negligence. Dr. Suresh Gupta case dealt with the standard of proof for criminal negligence.
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
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