Question

When civil negligence is brought up against a doctor, the onus of proof lies upon

• A. Judicial first-degree magistrate
• B. Police not below the level of sub-inspector
• C. Doctor
• D. Patient

Answer 1

The Correct Option is D

In cases of civil negligence against a doctor, the responsibility of proving that negligence took place falls upon the patient. This is the standard legal principle in negligence cases where the claimant, typically the patient, must demonstrate that the healthcare provider failed to provide the standard of care expected, leading to harm. The patient must satisfy the court that:

• The doctor owed a duty of care to the patient.
• There was a breach in this duty of care by the doctor.
• The breach directly resulted in harm or injury to the patient.

The court relies on the evidence presented to determine whether the doctor was negligent. Therefore, the correct answer is Patient.