Want to defend from hospital side
Anonymous
(Querist) 06 February 2015
This query is : Resolved
a man hit by car and the driver ran away ,three persons on road get the man to near private hospital,they try to find some relatives but did't able to find,the hospital demanded 2 lakh to start immediate operation but they just collect only 48 thousand so hospital rejected,they get the man to govt hospital which was 70 km away but he died in between the wife demanded compensation from hospital under consumer act
How can i defend hospital for not giving compensation?
Guest
(Expert) 06 February 2015
Its a very good case.Refusal of Treatment for the Purpose of Money is an Offence.Mr.Gurvinder you want to defend your Hospital/Clent How would you react if you are the affected person.Hospitals are now only Business Centres and a Solid Lesson to be Taught.If any Out Sider or Friends of the Deceased could file a PIL basing on this in high court against Hospital and its Doctors it would fetch the Real Result.
P. Venu
(Expert) 06 February 2015
No rational mind can suggest any defense.
Rajendra K Goyal
(Expert) 06 February 2015
Without going through the case file defense can not be suggested.
Sunil S Nair
(Expert) 06 February 2015
Dear Gurvinder I appreciate that you are standing for your client who is at fault its lawyers burden that he carries in his profession to take stand even if he is unwilling but as a prudent man I will respect the view of Learned Advocate Narasimha and P.Venu
Nadeem Qureshi
(Expert) 06 February 2015
Dear Querist
the wife may File a civil suit before civil court against the Hospital or consumer court.
as you inform that you want to defend the Hospital then first of all think that the money is more important then human being, is is not a fault of the hospital. try to settle the matter with the wife of the decease and the hospital apart from the defend the hospital.
if you are an advocate and hospital is your client then you may defend the hospital based on the evidence and material of the complaint filed by the wife of the deceased.
ajay sethi
(Expert) 06 February 2015
hospital is bound to treat the victims of accident . you have refused to operate on the victim and patient died . better pay compensation now
prabhakar singh
(Expert) 06 February 2015
The Supreme Court of India as long back as 1989 observed in
Parmanand Katara v. Union of India AIR 1989 SC 2039 that when accidents
occur and the victims are taken to hospitals or to a medical practitioner, they
are not taken care of for giving emergency medical treatment on the ground
that the case is a medico-legal case and the injured person should go to a
Government Hospital. The Supreme Court emphasized the need for
making it obligatory for hospitals and medical practitioners to provide
emergency medical care. This is not the only reason for not attending on
injured persons or persons in a medical emergency, for sometimes such
persons are turned out on the ground that they are not in a position to make
payment immediately or that they have no insurance or that they are not
members of any scheme which entitles them to medical reimbursement.
The Supreme Court reiterated its views in Paschim Banga Khet Mazdoor
Samithi v. State of West Bengal, 1996 (4) SCC 37 and National Consumer
Redressal Commission has also decided in like manner in Pravat Kumar
Mukerjee v. Ruby General Hospital (25.4.2005).
SO NO CHANCE IF FACTS ARE ADMITTED AND ON DENIAL you would be required to SHOW under what enmity and grudge she has targeted this hospital.
T. Kalaiselvan, Advocate
(Expert) 06 February 2015
The experts have advised very well, now it is for you to work out accordingly. A truce pact may be a better step.
malipeddi jaggarao
(Expert) 11 February 2015
Appears to be a moot court problem of a law student. If you are a practicing lawyer, one need not explain you how to defend a point-less case also. Find out on your own. Your mind will suggest you many ways and means if you are interested to defend such case.
