Smt. Savita Garg vs The Director, National Heart Institute on 12 October, 2004
In such a case, the principle laid
down in the case of Savita Garg v. National Heart Institute, (2004) 8 SCC 56,
would be applicable. In that case the Apex Court held that in such a case the
principles of res ipsa loquitur (facts speak for themselves) will apply and the
burden is on the hospital or doctors concerned who treated the patient, in
defence to substantiate their allegation that there was no negligence. The
relevant observations of the judgment are as under :