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Supreme Court of India 2019-04-08 dismissed

Mukesh Tyagi vs Fortis Escorts Heart Institute and Ors

Bench: 2 — 2

In Brief

Mukesh Tyagi challenged an NCDRC decision that granted him liberty to establish medical negligence but declined to entertain his application at that stage. The Supreme Court dismissed the civil appeals, holding that the burden of proving medical negligence rests with the appellant, not the medical institution. The Court upheld the NCDRC's approach of permitting the appellant to first establish the required elements of negligence before proceeding further, finding no ground to interfere with this reasoned order.

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Medical Negligence Consumer Law Civil Procedure

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