vinod satpute (student) 25 January 2009

plz help me

This is a moot court problem.statement of the facts are Ram pandit is a resident of Ahmadabad, Gujrat.He is 62 years of age &suffers from coronary heart disease. On the night of 20th august, 2007, he gets ill &is rushed to the hospital. The cardiologist diagnoses major blockage in the arteries, and advises immediate bypass surgery. However the cardiologist advises that the surgery must take place in the Bomai hospital in Mumbai by eminent cardiologist Dr.B.R.Reddy.The surgery is fixed for 25th august, 2007.Mr.Pandit is then transferred to Mumbai and the surgery is successfully performed on the said date. On 26th August, Mr.Pandit complains of chest pains and asks the nurse for Dr.Reddy.On being informed of the same, Dr.Reddy expresses his inability to come to the hospital as he is on leave, and instead asks the nurse to give some pain killers, the chest pain subsides, however Mr.Pandit complains of this pain often over the period of next week, but Dr.Reddy does not come to the hospital on the excuse of leave and asked the nurse to administer painkillers. On 2ndSeptember, Dr.reddy visits Mr.Pandit.Mr.Pandits only niece is to be wed on the 16th September. On 12th September, Mr.Pandit informs Dr.Reddy that he is feeling quite well and requests discharge from the hospital in two days so that he can be present for his niece’s wedding in Ahmedabad.Dr.reddy consents on the condition that Mr.pandit travels by AC-First class of the railways, keeping in mind his medical condition. Accordingly, Mr.Pandit boards the Rajdhani Express from Mumbai on 15th September. The train gets delayed by 8 hours due technical snag, which results in failure of the air-conditioning system.Mr.Pandit suffers Chest pain, Discomfiture and palpitations and becomes unconscious. On the trains arrival at Ahmadabad railway station,Mr.Pandit is rushed to the local hospital. The doctor finds that the palpitations are very high and the blood pressure is also much lower than the desired one for who has recently undergone bypass surgery. The cardiologist finds that there is internal bleeding at the place of surgery and another surgery is required to stop the bleeding and immediately advises another surgery. The surgery is successfully carried out at the expense of Rs.3lacs.The matter is before District Forum, advise both the parties on the above case. Please give me suggestions, how to plead for this case on behalf of either the PLAITIFF/DEFENDANT………--

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J K KARUNAKARAN (Barrister/Arbitrator Civil & Criminal Case Consultant) 25 January 2009

The doctor should have examined the patient before his discharge, by analysing various test and examination stating that, whether he is capable of making journey at this point of time.1.

If doctor may not aware of the journey of the patient, doctor is not liable.2

if the doctor advised the patient to go in the first class for the safety towards free from dust as he undergone recent bypass surgery....in that case absence of airconditioner due the suffocation he might under the risk of bleeding in the surgery..

J K KARUNAKARAN (Barrister/Arbitrator Civil & Criminal Case Consultant) 25 January 2009

If possiblity of late arrival train , if sue is filed compensation can be made. if option in the law. or in the case of not functioning airconditioner in the first class sue can be filed if law permitts to have option.

vinod satpute (student) 26 January 2009

thank you for ur interest but my main issue is what laws are applicable to this particular problem.thank you

vinod satpute (student) 26 January 2009

thank you for ur interest but my main issue is what laws are applicable to this particular problem.thank you

Vinodkumar Kotabagi (Advocate and Trademark Attorney) 26 January 2009

See Law of Torts and Consumer protection Act.

Ajay kumar singh (Advocate) 27 January 2009

Ram Pandit may sue both ,Dr.Reddy and the railway .The related laws are:-Law of Torts, Consumers Protection act and Railway Claims tribunal Act.

COMPLAINTS:-

1.Dr. Reddy should not have discharged Ram Pandit only on his saying that he was feeling well. The doctor ought to have satisfied himself after properly examining the patient before discharging him.He also acted negligently by not attending the patient when he advised the nurse to administer pain killers but did not see the patient himself.

DEFENCE

The doctor being an expert, was knowing the actual prolem of the patient and his advice to the nurse resulted positively.The patient got better to such an extent that he himself reported that he was ok. There was no reason for the doctor to detain the patient any more and he rightly discharged him.

2. The internal bleeding was caused due to discomfort and unrest as a result of late arrival of the train.Moreover, non-functioning of A.C. is also a vital defficiency in service for which railway is clearly answerable.

DEFENCE

Late arrival of the train and failure of A.C.were due to technical reasons which could not be cured instantly . So it can not be said to be disservice on the part of railway.

(Guest)

NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI), ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

KINDLY NOTE THAT AS A LAW STUDENT, ON BEHALF OF PLAINTIFF YOU MAY FILE A CONSUMER COMPLAINT AT CONSUMER COURT AGAINST THE DOCTOR WHO HAS OPERATED THE PATIENT INITIALY AND CLAIM COMPENSATION FOR DEFICIENCY IN SERVICE .BECAUSE AFTER OPERATION HE HAS NOT ATTENDED THE PATIENT PERSONALLY WHILE HE WAS IN HIS HOSPITAL.AND HENCE FURTHER COMPLICATIONS DEVELOPED AND WAS REQUIRE TO UNDERGO ANOTHER OPERATION WHICH COSTS RS. 300000/-

IN CASE YOU ARE APPEARING ON BEHALF OF RESPONDENT THEN YOU MAY REPLY BY STRESSING THE CONDITION THAT THE PATIENT WAS PERMITTED TO ATTEND MARRIAGE ON CONDITION OF TRAVELLING BY AC.TRAIN. AND DUE TO FAILURE OF AC SYSTEM IN TRAIN THE PATIENT WAS REQUIRED TO UNDERGO ANOTHER OPERATION AND HENCE YOU MAY SHIFT THE BURDEN ON RAILWAY AUTHORITIES TO PAY THE COMPENSATION TO THE PATIENT.

YOU MAY WRITE FOR FURTHER DETAILS

THANKS AND REGARDS

NANDKUMAR B. SAWANT., M.COM.LL.B.(MUMBAI), ADVOCATE.