Preventive Measures - Factual Defenses

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How To Avoid Litigation

FACTUAL DEFENSES

Mention your qualifications, training, experience, expertise etc. Support with relevant documents.

Mention hospitals infrastructure facilities, special facilities, back-up support, it with documents.
Complainant has not come to the court with clean hands i.e. he has suppressed material facts, e.g. previous illness, treatment etc.
Inconsistence between notices sent directly or through consumer groups and the complaint made in the court.

Written evidence of consent of the patient/relative/attendant to assumption of inherent and special risks in the treatment.
Circumstances of the case; viz. There was emergency, lack of facilities (e.g. rural area) no one to give history of patient’s illness etc.
Burden of proof of:
(i) duty of care; (ii) breach of that duty; (iii) causation; (iv) damage, etc. is on the complainant.
Reasonable knowledge, skill and care exercised (Rely/quote standard text books with attested photocopies).

Consolation/treatment by patient from other doctor/other systems of medicine simultaneously.
Many other reasons/more than on reason/for occurrence of damage.
Contributory negligence.

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