Yes, medical negligence can be proved without medical records, but it becomes more challenging. Indian courts do consider other forms of evidence in the absence of written records, depending on the facts of the case. Alternative Evidence That Can Help Prove Medical Negligence: Oral Testimony – Statements of the patient, relatives, or witnesses about the treatment received. Expert Opinion – Independent medical experts can assess the situation and provide opinions on standard care. Circumstantial Evidence – Events and consequences that clearly point to negligence (e.g., leaving a surgical instrument inside the body). Hospital Bills/Prescriptions – Even if detailed records are missing, prescriptions or discharge slips can help. Photographs/Videos – In some cases, images or videos of the injury or treatment condition may support the claim. RTI Requests – For government hospitals, you can request missing records under the RTI Act. Legal Presumption – If the hospital refuses to produce medical records, the court may draw an adverse inference against the doctor/hospital. Relevant Case Law: In V. Kishan Rao v. Nikhil Super Speciality Hospital (2010), the Supreme Court held that courts may decide a case of medical negligence even without expert evidence, depending on the facts. Conclusion: While medical records strengthen the case, their absence does not bar a negligence claim. Courts may rely on other credible evidence and circumstances to determine liability.

Dear Client, Establishing medical negligence without medical records is challenging but not totally impossible.Medical documents like prescriptions, diagnostic reports, case sheets, and discharge summaries form important documents of evidence in deciding whether the physician or hospital was negligent in delivering the standard level of care. Without them, the complainant has to carry a greater burden of proof, using other forms of evidence to determine negligence. Courts can weigh oral evidence, such as the patient's testimony, that of family members, or that of eyewitnesses present during treatment. Expert medical views could also be presented, where a third-party physician assesses treatment based on described symptoms and standard treatment procedures. While weaker than written evidence, it can nevertheless be used to construct a case. Also, if the doctor or hospital refuses to provide medical records they are legally bound to keep, the court can draw an inference in adverse circumstances under Section 114 of the Indian Evidence Act.This implies that the court may deduce that the evidence that was not disclosed would have been unfavorable to the doctor or hospital. Circumstantial evidence, such as pictures, videos, or a clear timeline of events, might also serve to strengthen the inference. Whereas the lack of medical records makes the case less strong, it must be noted that courts do accept that a failure to keep or supply records constitutes negligence or lack of service in itself under the Consumer Protection Act. Thus, though medical records are very important, their absence does not preclude the possibility of proof of medical negligence where other credible evidence can be produced. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.