In all civil cases (including consumers), the onus of proof is on the complainant. By this it is meant that the complainant has to convince the court that his version of the event is more than 50% likely to be correct. This can be very difficult. However, there is a method by which a consumer (patient) can occasionally overcome this difficulty by esorting to the legal maxim res ipsa loquitur.
Literally translated, it means" the thing (situation) speaks for itself "Application of this maxim places on the defendant the onus of disproving this presumption og negligence i.e it has effect of reversing the burden of proof. This presumption is not readily available to any complainant who is having difficulty with his evidence. It is not rule of any law but rather a maxim upon which a judge may allow agree to allow a complainant to rely for the purpose of evidence if the circumstances of the…
