I am filing a medical negligence case. I can't get expert opinion. But I have some medical literature(Research Papers and Research Articles) to support my allegations of medical negligence. What is the procedure to follow to refer/cite those research papers as evidence/supporting documents? I have mentioned the title of the research article, website link in the Complaint. I am providing a self-attested printed copy of the Research Article. I have mentioned that all documents are true and original in the affidavit. Is that enough or is there some other procedure to refer/cite research articles in support of my allegations of medical negligence?
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You can in your complaint mention research article of Dr - in support of your case
2) enclose copy of said research article
3) if you are saying doctor was negligent you need to enclose second opinion of another expert doctor regarding line of treatment to be followed in such cases
Include details in the complaint: Clearly state the titles, authors, publication dates, and sources (internet links) for the research papers and articles in your complaint.
Please submit self-attested printed copies of the research papers and articles. Ensure that the copies are readable and full.
Submit an affidavit confirming that the papers submitted are true copies and that you believe the information in them is accurate and relevant to your case.
Prepare to explain the significance and authenticity of the study articles. Courts may examine whether the records are from credible sources and whether they directly support your claims of negligence.
While obtaining an expert opinion is difficult, it greatly strengthens your case. Consider consulting a medical professional or contacting medical associations or legal aid groups to gain an expert opinion.
During the trial, when you present your evidence, be sure that each study paper and article is tagged as an exhibit. This entails having the documents numbered and referred to by their exhibit numbers throughout the proceedings.
The complaint for medical negligence can be filed by the victim of the negligence.
Any complaint in this regard on the basis of any research literature is not valid.
Until and unless the act of negligence is proved with the substantial evidence no complaint will be entertained by the consumer commission or even the Medical council of India including the Ministry of health services.
As this a very sensitive subject and if it is not entertained by court owing to the maintainability issue then it may sometime backfire and you may land in legal trouble and the consequences thereon.
You obtain a second opinion from an expert doctor on the subject after which you can decide about further course of action
1. At the time of argument you can produce those copies from the Books and carry the Books as well.
2. Unless you attach the source of your research, your mere research work may not be sufficient.
3. You can ask the forum for appointment of an expert as well to give opinion on this.
You can rely on Mediical literature as expert opinion in court by examining any doctor who is of that field
- Since, you have already submitted the printed copy with the complaint before the Court , then it will admissible in evidence
- However, if you have printed that research papers , then you should file an application under section 65B of Evidence Act as well.
