Any case against a brain stroke victim??

Refer Section 81 of the Mental Health Act 1987, " No mentally ill person shall be subjected, during treatment, to any indignity, (whether physical or mental) or cruelty etc. Under the act distinction is made betwen mentally ill person which means mental disorder as distinguished from mental retardaition. In my humble opinion brain stroke can not be term as mentally ill person.

Thanks@assumi. I agree with you regarding the the Mental Health Act. My question was any examples of any cases against brain stroke victims. As I have not been able to find any so far. As far as my understanding goes if you have any brain damage then it affects the chemical Balance of the brain. And then you cannot be termed to have a free mind, or of able body and mind, or in your senses in the strict sense of the terms. And you cannot be prosecuted in the normal fashion of the law. That's why it is redundant to file any case against brain stroke victim. That's why can't find any such case. And no lawyer I consulted has ever heard of any such case. That's why I am arguing my own cases. Since this site has an abundance of esteemed lawyers in it's ranks, I thought maybe some lawyer here might have come across any such case in their vast experience. The constitution itself provides protection to me, so I don't need any act to refer to unless specific to brain stroke victim. I just need any case against stroke victim as reference to argue in court. And so far I can't find any. Hence the query. Hope that clarifies. Thanks in advance. :-)

As stated above, a person having brain stroke is no ground to pause any legal proceedings. More over you are arguing your own case which means you are not speechless or lost memory etc typical in a person having brain stroke, yet even in such case it is no ground to blocked any legal proceedings.Honestly speaking, I have not come across any case where legal procedings was blocked or impunity extended by the Courts to person having brain stroke.

Thanks@assumi. Article 12 right to health has been put under Article 21 right to life which is the most fundamental right in the constitution, by SC many years ago. No doctor in the world can deny that cases against me put mental stress in me which is extremely detrimental for my health, including the doctors I have consulted. In no way at all will any doctor find me medically fit for any prison or prison like environment, as it would pose grave danger to my life plus I need constant medical treatment and care. Also I have no income or assets of any kind in my name. So I can't be penalized financially. I can understand that you haven't come across any case where legal proceedings were blocked, but that is not my question. My question is : "Have you come across any case, civil or criminal against any brain stroke victim with permanent brain damage?" Because so far I haven't come across any, and all the lawyers I consulted personally were unable to provide me of any such example. So I was hoping the lawyers in LCI might be able to do so. Thanks in advance.... :-)

@ Author

1. Your then behavior has been attributed to the condition called “anosognosia” following your stroke, is a neuropsychological presentation in which the affected person is unaware and unable to acknowledge disease in himself. It also often results in defects in reasoning, decision making, emotions, and feeling.



2. You shall do research on above subject matter picking American Jurisprudence materials especially of William Orville Douglas period. He is regarded as the most doctrinaire and committed civil libertarian ever to sit on the court.



3. Study Medicolegal Neurology cases. Interesting cases you will find but mostly related to granting immunity to prosicution of relatives against assisted death of neuro stoke / vegitative patients and may pick up arguments lines form there under law of torts (just my minority view since all cause of action as your defendant suits probably relates to the period when you were under brain stroke stage – right !) Every arguments hall take ld. court to that stage keeping in mind not present when you are much improved throuygh sheer will power when opposition thought to launch prosicution attack upon you !

4. This has been our argument again and again – the fact that someone has a disability at one point of time does not mean that they will not improve ever and in case a suit in hand dating to period of their disability now that person has improved he cannot be said to deny his right to defend of that lost period phase allegations by sheer recollection.  

5. Seeking complete imuunity is a tricky part in initial stage of the trial and it all depends how your side puts forth arguments before a concious evolved Bench. Also the level of Bench is also to watch for seeking desired reliefs step by step. But it is also my opinion that ‘complete immunity’ may not come forward immediately that also at ld. trial court level for that may be the more higher forums you travel gainign experience on medicolegal aspect that is the core of your submissions in days to come some Bench will actually recognise what you pleadings are actuall all about and may give "partial relief"!


However it is also my view to bring in "subject experts" in intial phase of these two litigations to lead the way (means lay the foundation of your medical plea) instead of showing courage to plead as party -in- person. The crucial inputs of subject experts and daily Order sheet remarks of them will build up / make a good case when higher forums are approached is my minority view and with which I am not demoralising you in any way with my parting comment to cause title of this brief.


ATB + Rgds.

Thanks@tajobs. Very informative reply. I was already aware of most of it, what I did not know of I will research so thanks. See three years back, the doctors told me night of my stroke that I can't survive. I did. Then they told me I will be a vegetable from now, which I am not. Then they told me I will not speak again and write again. I can speak and write slowly today. I am not able to earn in my state, until I can speak and write fluently. I need constant physio and speech therapy and medicines. I refuse to take any financial aid from friends and family, apart from some friends who I have given lots of money in their time of need and had never asked for back, and that too for basic food and necessities. So I am working on my own speech and writing without any medical help, similarly I am not spending anything on legal expenses and fighting my own cases. Now the thing is that it is a very slow process regarding my recovery, and the cases are hampering it. That there is any recovery at all is a medical miracle which the doctors are not able to explain scientifically. Since this is such a unique legal situation I am unable to find any precedents of this. Other than I can just argue on constitutional right etc. So my question again @ tajobs is "Have you come across any legal case against brain stroke victim with permanent brain damage?" So that I can have some kind of precedent for pleas and arguments in court. Thanks in advance....:-)

1. Your case does not fall under "pmnt. medico damage" for a simple fact you yourself are exhibiting symptoms of recovery.
Reasoning: Had it been so the relatives would have plead for mercy and taken with APP to not to prosecute and ld. Court may have partially considered? However in my opinion if facts / incidences as alleged in your wife's application / complaint are of those years when you were in perceived vegetative state then I repeat it is where law of torts may apply as all those incidences as alleged you were not doing in conscious stage but under vegetative state and very very lengthy perception based arguments carries on where "subject experts" role plays much importance as "experts" attach importance to pleadings over a party in person for whom it is a long journey.



However other may comment on this and as and when I find more details as requested I will place them here for your help.


Once again ATB. 

Since I have not stayed with wife since stroke, all allegations are from the time I was normal before the stroke. And she had filed cases after my stroke last year. I am not looking for any immunity as her allegations are false. My problem is that police is trying to harass and courts are delaying dates. And thus hampering my recovery. Immunity does not matter as I am not medically fit for prison and don't have anything financially to lose. In fact I want divorce and wife does not so she filed cases and complaints against me. Her plan is to keep me tied up in court for years and delay divorce as much as possible possibly forever. I can't do anything about her crazy plans, all I want is relief from the court in terms of needless delays and police idiots. So any cases that have been filed against stroke victims ever wud help me out in terms of reference for the courts. Have you come across any? @ tajobs . Thanks .. :-)

To explain further@tajobs. About permanent medical damage. It is medical fact that dead brain cells cannot be revived by the medical science of today. Might be possible by some breakthrough tech in the next century, but it is not possible in my life time. My MRI brain scans show three patches or holes in the left side of my brain, and they were the same three years back and three months back also. That brain damage is permanent for life. Doctors are not able to explain how I am walking, talking and writing today. But this damage results in memory loss, dizziness, blackouts, headaches, weakness, etc. It can improve but never fully recover. Even the improvement is not understood by the doctors. As they have never seen such a case. It is a unique medical case with unique recovery methods. And it is a unique legal situation, with no parallels that I can find anywhere. So I am looking for some out of the box thinking and unorthodox legal approach. Any suggestions from any experts here. I can only find arguments towards constitutional rights and remedies in everything in have come across. Any advice or guidance will be highly appreciated. Thanks in advance....:-)

Mirage,

 

Sorry Brother, I am unable to be of any help despite your personal msg on this. But I am searching.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Thanks buddy@shonee . That you searched and gave your time to this is more than enough for me. At this stage that is all I can hope for. Let me know if you can find such a case, wud be a big help to me having a reference point of my situation..... Thanks again @ tajobs and shonee ..... :-)

Hi guys, Any luck so far in searching any cases against any brain stroke victims? Let me know @ tajobs and shonee Thanks....

NOne :-(

Thanks for trying shonee buddy.... :-)