RAJINDER KUMAR GARG
(Querist) 28 February 2009
Evidentry Value of a departmental enquiry report regarding medical negligence and private practice in the proceedings against a doctor for medical negligence before Distt. Consumer Forum.
It is to be highlighted that in evidence the complainant has appeared in witness box and the other evidence is the enquiry report only. So what is the evidentry value to fasten the liability upon the doctor.?
(Expert) 28 February 2009
well in my opinion Departmental Proceedings and the Civil Court proceedings are distinct and both can run together.
result of departmental proceeding is not binding upon the court...though u may use it as evidence to substantiate ur claim in the court but it must be supported by cogent evidence as required in the given case.