MEDICAL NEGLIGENCE CASE - IS THE EXPERT OPINION RECEIVED BINDING ON THE COURT ?

 11.3.2 It is well-settled that a Court is not bound by the evidence of an expert, which is advisory in nature. The Court must derive its own conclusions after carefully sifting through the medical records, and whether the standard protocol was followed in the treatment of the patient. The duty of an expert witness is to furnish the Court with the necessary scientific criteria for testing the accuracy of the conclusions, so as to enable the Court to form an independent opinion by the application of this criteria to the facts proved by the evidence of the case.


Hon'ble Supreme Court in the case of Maharaja Agrasen vs Master Rishab

Comments

Post a Comment

Popular posts from this blog

Justice VK Mehrotra- belonged to a speedily fading species. A Tribute by Justice Sureshwar Thakur, Shimla

Justice V.K.Mehrotra , lived in law both inside his heart and in court. He was a true ethicist whose constant inward looking for deriving the sincerest mentorship therefrom , did make him an icon of judicial sagacity. Moreover, he was also an enviable humanist , known and remembered for his affections towards younger members of the bar , to whom he offered mentorship and guidance . A plethora of eulogies can be scribed on him , but succinctly he was a conservative , upright and academician judge , belonging to a speedily fading species. Justice Sureshwar Thakur Judge, Himachal Pradesh High Court, Shimla
Read more

Manish Mehrotra Advocate-An Introduction

MANISH MEHROTRA is an Attorney with over 29 years of experience in lawsuits and legal opinion. He is a lead counsel of Commercial Arbitrations, Business Litigation, Contracts, and Consumer Law. Has been successfully practicing on the civil Side in the Uttar Pradesh State High Court at Lucknow, Commercial Court’s and Consumer Courts. He has also appeared in matters at the Supreme Court of India, New Delhi. He is a Life member of the Oudh Bar Association, State High Court, Lucknow. Manish has a vast experience in Arbitration matters and has appeared in about  150 Arbitration cases. He is also nominated as an Arbitrator in matters.  Manish has appeared in about 1000 cases of Medical Negligence in various Consumer Courts in Uttar Pradesh. Manish has to his credit Notable Press mentions in the Times of India, Lucknow Edition, which can be accessed on Google. He is a regular Invitee Speaker on legal subjects in different forums and has authored several law articles...
Read more