I have a Moot court Competition Regarding which I need Help. The facts of case are- A lady underwent hysterectomy (surgical removal Of Uterus) in hospital. She was discharged upon by Dr. Jeevan10 days after the operation even though her medical condition was very bad and before the stitches were removed, she was discharged by Dr. Jeevan. The condition of lady further deteriorated. when she again went back to the hospital after a few days she was adviced to come after 2 months since Dr. Jeevan had gone abroad. having no other option, she sought treatment in another hospital where an operation was performed and it was discovered that half a meter of sponge has been left in her stomach during the hysterectomy. it was because of this that her condition had deteriorated and her intestines had developed gangrene and there was puss formation. to save her life, a part of her intestine was removed and she had to incur a great deal of pain as well as expenditure on her treatment. She filed suit for damages of rs 10 laks from the hospital and Dr. Jeevan I am counsel for defendant, What defenses can I take And In which court the case is to be filed Consumer court Or civil Court(In Tort For Negligence) Please help and reply soon as possible
