In civil negligence, onus of proof lies on -

BURDEN OF PROOF: The patient has to prove the four elements of negligence by a preponderance of the evidence. The four elements are the existence of Duty of care by a doctor, Dereliction on pa of the doctor to maintain the applicable standard of care and skill, failure to exercise duty or care led to Direct causation of damage and Damage caused was of the type which could be foreseen by the doctor. Dr.K.S.Narayana Reddys Synopsis of Forensic Medicine & Toxicology 29th edition Pg.20.