I want to make argument in district consumer forum
Querist :
Anonymous
(Querist) 14 August 2011
This query is : Resolved
dear sir
I G.V.S.ACHARI Brother of G.BANGARAM
I believe in law and lawyers but unfortunately my lawyer is talking negatively
in this situation i don`t want to change the lawyer, but please suggest me
can i put my argument personally on behalf of my sister ?, who is the petitioner in the district consumer forum against the doctor.I want to tell the facts which are hided by the opposite party. otherwise can my sister directly submit a written facts to the forum president. Please suggest me according to law is it possible or not.
M/s. Y-not legal services
(Expert) 14 August 2011
Appearing through an advocate, or appear in person. There only allowed to proceed a case.as of your statements you already appoint an advocate. So now she can file anything through her advocate only, If she want argue her matter as in person mean she is allowed for do it after cancellation of earlier vakalat. But you not allowed for argue on behalf of her..
M/s. Y-not legal services
(Expert) 14 August 2011
For your kind information, usually before consumer disputes redressal forum party in person is very usual.. Except the provisions partys only know the fact more than their advocate. So you can ask permission before consumer court for argue on behalf of your sister. There won't be that much formalities. Its may be considered. One more thing oral arguement not mandatory. Your sister can submit her arguements as written arguement also. Thats will be better one
mahendrakumar
(Expert) 14 August 2011
in consumer courts anyone including ngo can represent the case and one need not be an advocate. Only an authorisation from the concerned consumer is needed for that.
Querist :
Anonymous
(Querist) 14 August 2011
thank you sir
after preparing my written arguments i will resubmit here for the valuable suggestion of experts.
achari gorsa
V.T.Venkataram
(Expert) 14 August 2011
Please prepare the written arguments , get i signed by your sister and present it in the court. Since it is medico-legal case, have you filed any expert opinion?.I can give you case laws , only if you can give me a copy of the argument to me by mail or post.
Querist :
Anonymous
(Querist) 14 August 2011
respected venkataramam garu yes sir
but the opinion given by the doctor is 100% wrong. Because the facts admitted by the doctor, who has conducted the second surgery,in the discharge summary given by him are hided. But my sister became disable.
I will come back with signed copy of my sister arguments and false expert opinion copy
thank you so much
I LOVE LAW
AND I LOVE LAWYERS
AND I LOVE INDIA
Querist :
Anonymous
(Querist) 14 August 2011
KINDLY GIVE ME THE e-mail id of EXPERT SRI V.T.VENKATARAMAM GARU
PLEASE
Querist :
Anonymous
(Querist) 15 August 2011
CAN ANY ONE HELP ME ?
PLEASE FIND THE ATTACHMENT OF COPY OF MY ARGUMENTS AND HELP ME
AND ALSO I REQUEST YOU TO EXPERT V.T.VENKATARAM PLEASE GIVE ME YOUR ADVICE
Querist :
Anonymous
(Querist) 15 August 2011
CAN ANY ONE HELP ME ?
PLEASE FIND THE ATTACHMENT OF COPY OF MY ARGUMENTS AND HELP ME
AND ALSO I REQUEST YOU TO EXPERT V.T.VENKATARAM PLEASE GIVE ME YOUR ADVICE
WITH REGARDS
ACHARI GORSA
PLEASE FIND MY ARGUMENTS BELOW
Humble request to the district honorable consumer forum:
I.G.BANGARAM WPC 601 KOTHAVALASA POLICE STATION VIZIANAGARAM, would like to submit my own written arguments through my respected advocate Mr. Vasanthakumar before the honorable district consumer forum to consider the actual facts occurred in my life and consequently damage to my leg with proper evidences due to the negligence, recklessness surgery done by the seven hills hospital doctor . In fact here I would like to submit my written arguments according to the guidelines given by the supreme court of India in a particular judgment about medical negligence step by step. In my arguments main and important document is the discharge summary given by the kamineni team of doctors. Here I also submitted the copy of judgement given by the supreme court of India on 14th may 2009 for your kind reference
According to Charlesworth & percy on Negligence (Tenth Edition, 2001), in current forensic speech, negligence has three meanings. They are: (i) a state of mind, in which it is opposed to intention; (II) careless conduct' and (iii) the breach of duty to take care that is imposed by either common or statute law. All three meanings are applicable in different circumstances but any one of them does not necessarily exclude the other meanings (Para 1.01). The essential components of negligence, as recognized, are three: "duty", "breach" and "resulting damage", that is to say:
1. The existence of a duty to take care, which is owed by the defendant to the complainant; 2. The failure to attain that standard of care, prescribed by the law, thereby committing a breach of such duty; and
3. Damage, which is both causally connected with such breach and recognized by the law, has been suffered by the complainant (Para 1.23).
The three basic elements of negligence are:(1) a legal duty to exercise due care(pre-opearative tests) 2) Breach of the duty (During the operation) 3) Consequently Damage (post operative)
i)In my case the opposite party failed to provide alegal duty to exercise due care. The explanation with evidence is as follows:
1. In fact before conducting the surgery he has to consider the age of the patient because this particular knee replacement surgery life time is not more than 10-15 yrs. But at the time of surgery the patient age is 26 yrs only. At this age he should prefer ligament reconstruction only as her age is 26 yrs . In this junction I would like to submit that the opposite doctor breached the legal duty to exercise due care by taking wrong decision.Generally this surgery is preferred for the people above fifty or sixty years.
2. In fact this type of surgery will be done under the due care and guidance of expert doctors, or at least he should take written opinion of expert doctors or senior consultant in the same or outside the hospital in the interest of the patient ( considering the age and other personal factors like present job and future promotions, and marital life etc ) and patient - doctor relationship and to make successful operation as promised to the patient. But this doctor considered himself as a expert and high skilled and conducted the surgery but failed to manipulate and reduction of the same. PLEASE FIND THE the opinion of the kamineni hospital team of doctors in the exhibit A4 under the side heading of present illness last para. ( BUT HAD POSTERIOR DISLOCATION OF TKR POST OPERATIVELY AND FAILED MAIPULATION AND REDUCTION OF THE SAME.). . In this junction I would like to submit that the opposite doctor breached the legal duty to exercise due care by wrong physical examination of the reports like X-rays and MRI SCANNING etc. So that the surgery conducted by the opposite doctor Mr. mallik was failed ( As per the Exhibit A4)
3. One more important point to consider here is because of negligence of doctor he has not consulted the same hospital senior orthopedic doctor Mr. J.M.SHA. But after failure of operation he tried to save his skin by putting affidavits from other local doctors. In this junction my question is why he has not consulted and take written opinion of such high skilled doctors before going to perform this surgery in the interest of my life. That means as per the opposite doctor ,those doctors who has given wrong witness to save skin of opposite doctor Mr. Mallik are not competent , and less skilled. But after drastic failure of this operation due to negligence and recklessness he has submitted the witness from those doctors to save his skin. In fact those doctors never done this type of surgery. The opinion given by the other doctors is not acceptable because those doctors are not involved in this surgery and their names are not involved in the discharge summary like discharge summary given by the kamineni team of doctors So that those witness are not acceptable and those are liable to prosecute. Hence the doctor not performed a legal duty to exercise due care either in choosing the option of surgery or taking opinion of experts in his own hospital or outside the hospital in the interest of patient. Hence liable to punish.
4. Being an expert doctor and working in a corporate hospital supposed to take favorable decision by using his expert knowledge, and with the help of all medical reports Like X-rays, MRI SCANNING etc. Being an expert and high skilled doctor he selected the option no.2 total knee replacement even though the patient is quite young. But better option to my age is ligament re-construction only why because the life of the implant max 10-15 yrs , that means I must undergo four or five surgeries approximately in my life time that means there is no end to miserable life. The possibilities and consequences of multiple surgeries in the life time has not consider by this doctor at least on humanitarian basis. In this junction I would like to submit that the opposite doctor breached the legal duty to exercise due care by wrong physical examination of the reports like X-rays and MRI SCANNING etc. and taken wrong decision. Hence the opposite doctor has not taken favorable decision in the interest of my life.
5. In fact in the exhibit A4 under side heading physical examination kamineni doctors opined that FOOT DROP PRESENT AND DORSALIS FEDIS NOT FELT, which is a very serious problem.. But the same was not identified or mentioned in her routine check-up`s by the opposite doctor Mr.mallik. In this junction I would like to submit that the opposite doctor breached the legal duty to exercise due care in the interest of my life.
6. In fact finally I would like to utter my final argument regarding the failure of following the No.1 clause given by the supreme court of India i.e., a legal duty to exercise due care before going to conduct surgery like knee replacement. Because he has given three options in his own handwriting consignment letter ,being a corporate doctor and an expert in knee replacements, he should select the first option i.e., LIGAMENT RE-CONSTRUCTION. In this junction I would like to submit that at least on humanitarian basis, considering my age 26 yrs, being an expert doctor he should himself select the first option or at least he has to consult senior professionals of the same hospital or other higher centers in this decision making process. But in the consent letter by his own hand writing he has written as “ I have given three options but they have selected the second option i.e., total knee replacement.” In this junction I would like to submit that as we are lay mans in this medical field how can we select the options. I submit that he should select the write option and conduct the same surgery with due care without any damage to the patient. This clearly shows that he has violated the first clause given by the supreme court of India hence he is liable for the negligent operation and consequent damages, permanent disability and lot of mental and physical agony caused by the lack of a legal duty to exercise due care.
ii)In my case the opposite party Breach of the duty . The explanation with evidence is as follows:
1. In fact being an expert corporate hospital doctor failure in conducting any surgery should be almost 0% and he should render the services to the patient with utmost care and high skill without any damage to the patient. But in fact the operation was failed on the same day and he knows the fact but hide the same. In this junction I would like to submit the actual facts to the honorable forum.
A). The first operation failed due to the INADEQUATE IFERIOR FEMORAL CUT as admitted by the kamineni team of doctors in their discharge summary under the side heading of OPEARTIVE FINDINGS.
B). I submitted in the honorable forum the X-ray taken by the doctor Mr. mallik in seven hills hospital on the same day.
At least at that time of failure also he has not taken care by consulting any senior doctor in Mr. J.M.shaw or any other doctors who have given support in written to the honorable forum after two years simply to save the skin of his Co- Doctor. If so why I became permanent disable
The failure of the operation of first doctor Mr. mallik was certified by the Kamineni team of doctors in their discharge summary . In this junction I would like to submit the honorable forum this is a breach of duty i.e., he has not taken proper care while doing the surgery in the interest of the patient and patient remaining life.
2. In fact this knee replacement surgery will take time max two hours. But opposite doctor taken almost 7- 8 hrs. this clearly shows how he has conducted the surgery i.e., breach of the duty of the doctor .In this junction I would like to request the honorable forum to ask the opposite party to submit the original inventory of operation theatre of seven hills hospital to reveal the facts.
Original inventory means :
At what time the patient was taken in to the pre-operative preparation theatre and operation theatre.
How many hours he utilized the operation theatre and how much cost hospital charged for the operation theatre equipments etc. by the hospital and how many times has given ansthesia and pharmacy bills of those injunctions with the proof of how much amount claimed from the Government of India Under the Arogya Bhadratha scheme of A.P police department especially for the operation theatre inventory with due tax paid original receipt in detail to the honorable forum reveals the fact how the opposite doctor try to hide the facts occurred during the operation time against the interest s of the patient. hiding of the facts during the operation comes under the Breach of duty. Hence he is liable for negligence and recklessness.
3. In fact in the exhibit A4 i.e., Discharge summary given by the Kamineni hospitals team of doctors. Para no.2 TREATMENT GIVEN HINGED TOTAL KNEE REPLACEMENT ARTHOPLASTY
Which is different from the treatment given by the opposite doctor Mr. mallik. In this junction I would like to submit that during the operation opposite doctor has not taken proper care and he conducted the surgery with negligence and recklessness that’s why kamineni team of doctors conducted the HINGED TOTAL KNEE REPLACEMENT this is a low grade surgery compared to TOTAL KNEE REPLACEMENT by further trimming or cutting the bones. Consequently the leg shortened by 2.5 Cm`s. In this junction I submit that if the opposite doctor conducted the surgery in the interest of patient with proper care why the kamineni team of doctors removed the implant inserted by the opposite doctor and why they have not used the same type of implant i.e., same type operation was not chosen by the kamineni team of doctors and they have further trimmed the bone and inserted HTKR. Due to this HTKR patient further problems regarding moment and pain will increase. In this junction I would like to submit the fact admitted by the kamineni team of doctors discharge summary Exhibit A4 under the side heading OPERATIVE FINDINGS last line INADEQUATE IFERIOR FEMORAL CUT. Being a corporate expert doctor he should take utmost care while cutting the bones of the leg without fail i.e., ADEQUATE IFERIOR FEMORAL CUT SHOUD BE DONE. But he has not done the same in the interest of patient and patient further life problems. Hence as per the supreme court guide lines for medical negligence of doctor there is a breach of duty of the doctor during operation, hence he is liable for the punishment.
4. In fact being an expert corporate hospital doctor according to the preoperative findings i.e., X-rays and MRI SCANNING etc. should perform the TKR and reconstruction of lateral and collateral ligament with fascia Lata with utmost care and fair manipulation and reduction of the same is required as opined by the Exhibit A4 kamineni team of doctors discharge summary under the side heading PRESENT ILLNESS LAST LINE “ BUT HAD THE POSTERIER DISLOCATION OF TKR POST OPERATIVELY AND FAILED MANIPULATION AND REDUCTION OF THE SAME” hence the opposite doctor has not taken proper care during the operation i.e., BREACH OF DUTY. Hence liable for punishment.
5. In fact DURING OPERATION he has not taken proper care that why after failure of first operation FOOT DROPPRESENT AND DORSALIS FEDIS NOT FELT which is very serious problem as per medical terminology that means she has lost the sense of the leg completely after the failure of first surgery . The same fact was admitted by the kamineni team of doctors in their discharge summary under the side heading PHYSICAL EXAMINATION FOOT DROP PRESENT AND DORSALIS PEDIS NOT FELT. Being an expert corporate doctor these are the minim cares are to be taken while conducting this type of surgery otherwise patient leads to permanent disability.
But he failed to take required care during operation ,hence breach of duty of doctor during operation . Hence he is liable for punishment.
6. In fact one more important fact I would like to submit the honorable forum under the breach of duty during operation is as follows:
In the EXBIT A4 kamineni hospitals discharge summary shows under the side heading of COURSE IN THE HOSPITAL NEURO VASCULAR COMPROMISE OF RIGHT LOWER LIMB EMERGENCY CLOSED REDUCTION OF THE RIGHT KNEE WAS DONE. This type of complicated problem was not identified by the opposite doctor during pre operative tests and was developed only after the failure of surgery . If he observed why he has not done the same closed reduction .As per the kamineni discharge summary this is a very complicated problem developed by the opposite doctor negligent and recklessness operation and has not taken proper care during the operation , and also they have done the lower limb closed reduction UNDER EMEGENCY OTHERWISE THIS LEAD TO SEVERE PROBLEM TO THE PATIENT AND PATIENT LIFE. Even though after completion of the second surgery the patient is still suffering from the severe Neuralgia and having permanent pain and become disable. For the lifelong problem i.e., severe neuralgia caused by the lack of due care during the operation. Hence the opposite doctor has not taken proper care during operation so breach of the duty . Hence he liable for punishment under the guide lines of Honorable supreme court of India.
7. In fact the opposite doctor has not followed the minimum medical procedures while doing this type of major surgery in the interest of patient and patient life. In this junction please find the OPERATIVE FINDINGS GIVEN BY THE KAMINENI DICHARGE SUMMARY LAST LINE “INADEQUTE INFERIOR FEMORAL CUT”. Being an expert doctor and working in corporate hospital he should know how adequate inferior femoral cut to be done during operation in the interest of patient and success of the surgery this is a minimum requirement to an expert doctor otherwise there is no difference between experts and ordinary doctors and also no need to go for experts and corporate hospital doctors. This clearly shows how the opposite doctor breached the duty during operation. Hence liable for punishment.
Consequently permanent damage to the patient:
In my case please find the permanent disable certificate issued by the government hospital to support the damage caused by the opposite doctor negligence and recklessness.
I humbly request the honorable forum to order to reexamination by the expert doctors to reveal the facts suppressed by the opposite doctor Mr. mallik regarding the failure of surgery and consequent problems. As per the kamineni hospitals neurologist since failure of first operation I have been facing severe neuralgia means the sciatic nerve got stretched below the knee which will give pain till death. As per allopathic medicine there is no cure to this problem.
Opposite doctor has not revealed facts like severe neuralgia, foot dropand has not taken proper post operative care hence I became disable person. In this junction I would like to request the honorable forum being a I cannot lead my life with lot of damages caused by the operation done by the opposite party.
Hence I HUMBLY Request the honorable forum to consider all the above facts and save my life.
Querist :
Anonymous
(Querist) 15 August 2011
PLEASE FIND MY ARGUMENTS AND CORRECT THEM AND PROVIDE ANY SUPPORTIVE CLAUSES TO DEFEND THE OPPOSITE PARTY. THIS IS ACTUALLY I WANT. BECAUSE AFTER MAKING CORRECTION BY EXPERTS I WILL SUBMIT THOSE ARGUMENTS IN THE HONOROABLE FORUM THROUGH MY LAWYER.BECAUSE DOCTORS AND HOSPITAL TRYING TO HIDE THE FACTS. NOE I BECAME SINGLE AND UNFORTUNATELY MY ADVOCATE ALSO NOT CO-OPERATIVE. PLEASE HELP ME ANY ONE BY CORRECTING MY ARGUMENTS ACCORDING TO LAW AND ORDER.PLEASE FIND THE ATTACHMENTS OF DISCHARGE SUMMARY WHICH ONLY EVIDENCE I HAVE.
