Must some plaintiff prove grossness in case of criminal negligence even when ''f!
Question:
Must some plaintiff prove grossness in case of criminal negligence even when ''fact speaks for itself''?India
Suppose some surgeon by mistake forgets to remove a SWAB during operation from some patient's abdomen.
Few days after operation that patient dies because of sepsis & complications.
In that type of cases----''doctrine of res ipsa loquitur''---- applies very clearly.
So EVEN after the thing speaks for itself ;
must some plaintiff prove GROSSNESS of negligence or
wrong intention (Mens Rea) of that doctor;
beyond all reasonable doubts to make him CRIMINALLY liable in India??
And if that plaintiff fails to do so will court set that doctor free from charges of criminal negligence in India?
Answers:
yes that is my opinion. this is good for India