In a medical negligence case in India, the burden of proof rests on the patient or their legal representative who is filing the case. The patient or their representative must establish that: There was a duty of care owed by the medical professional or hospital towards the patient. There was a breach of that duty of care by the medical professional or hospital. The breach of duty of care resulted in harm or injury to the patient. To establish these elements, the patient or their representative must present evidence such as medical records, reports, test results, and witness statements. They may also need to consult a medical expert who can provide an opinion on whether there was medical negligence. It's important to note that the burden of proof in a medical negligence case is a high standard, and the patient or their representative must provide sufficient evidence to convince the court or forum that medical negligence occurred. Additionally, it's recommended to consult with a qualified lawyer who specializes in medical negligence cases to help gather and present the necessary evidence and argue the case in court.
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