Mere failure of treatment is not a ground for Medical Negligence

Dr. R. Singh vs Smt. Shabana (Delhi State Consumer Disputes Redressal Commission) Only the failure of the treatment is not prima facie a ground for Medical Negligence and in order to attract the principle of res ipsa loquitur, Negligence i.e. the breach of a duty exercised by omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do, should be clearly evident from the record. Returning to the facts of the present case, though the respondent ...