Who determines if medical negligence has occurred?

Dr

This is merely a generic query.

I was of the opinion that (except in 'Res Ipsa' cases) it is the Jury which decides what is medical negligence and what is not, based upon the competing Expert Witness testimonies.

Am I correct? or is it that a Govt appointed committee can determine that. 

I also believe that the best method for an aggrieved patient to be awarded compensation for negligence, is for the patient to sue the doctor and/or hospital before the statute of limitation expires.

Am i right?

 
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