How to prove policy of hospital in case of medical negligence?

To prove the policy alleged by Defendant No. 1 he deposed in his cross examination that there were 4 or 5 patients' files who were admitted and managed by Defendant No. 2 independently but under the name of Defendant No. 1 because of the hospital's policy. He has not produced any of those files also. His cross examination shows no recollection of any patients admitted to BH by other Surgeons in his name also. Similarly his cross examination shows that he was not aware of any other patient admitted by any other Surgeons independently, but in his name.

45. In fact in support of the case of a policy hitherto unknown and un- shown, made out by the Defendant No. 1, he has not produced evidence of any illustration of any other Doctor who was similarly shown as a honorary Surgeon merely on paper when another junior Doctor or assistant Surgeon independently admitted and treated any other patient.

46. It is a salutary principle of the law of evidence that a person who alleges a particular fact to his knowledge has to prove that fact under Section 106 of the Indian Evidence Act. Defendant No. 1 has alleged the fact of the policy of BH. He has not proved any such policy by producing the policy itself or the rules and Regulations, the letters that he claims were written to him by BH with regard to the policy or even sought to prove the policy by way of illustration.

IN THE HIGH COURT OF BOMBAY

Suit No. 1101 of 1989

Decided On: 02.09.2011

Padam Chandra Singhi and Ors.
Vs.
Dr. P.B. Desai and Ors.

Hon'ble Judges/Coram:
R.S. Dalvi, J.

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