Rambilas is a Mountaineer.

He frequently goes to mountaineering expeditions in the Himalayas with his

team. In January 2015, on his trip to mount Kanchenjunga, he fell into a cave and hurt both his legs.

After his return, he visits Dr. Malhotra, the Departmental head of the orthopedic division in the Peerless
hospital in Delhi. Dr. Malhotra made the following observation:

1. Left Leg: hair line fracture and sprain in ligament in the ankle. No major injury is observed.
Medications and rest for one week shall be sufficient.
2. Right leg: Major injury is observed. Crack in the Femur bone is present. Operation required to
put a pin inside the bone cavity. Three months rest after the operation is prescribed.

Rambilas complied with all the instructions from Dr. Malhotra. After three months Dr. Malhotra
checked him and said that both his legs are fine now. Rambilas went on a second trip to the Himalayas.
Unfortunately, he was hit by a rock rolling down from the mountains and had hurt his right leg for the
second time.

This time Rambilas went to the Godsend hospital and saw Dr. Agnihotri. Dr. Agnihotri made the
following observations:

1. Left leg: the hair line fracture from the previous injury remains. Another dose of strong
medication required.
2. Right leg: The operation was not properly done as the pin was not properly inserted in the bone
cavity.

Enraged, Rambilas wanted to sue Dr. Malhotra and the Peerless hospitals. He filed a civil suit in the
district court of Rohini (in Delhi), where the Peerless hospital is situated.

Argue on behalf of the Plaintiff/Defendant.

ARGUMENTATIONS:

1. Malhotra makes observations and prescribes certain instructions all of which are complied by
Rambilas.
(Measures:
a) Operation- pin problem
b) Medication- not effective, didn’t work, remedication required
c) Three months rest- done)
2. Pin had to be inserted into bone cavity, failed to do so (faulty treatment)
3. Confirms patient to be okay, hence ventured on trip (didn’t prove to be okay)
4. Only right leg hurt, left leg still impaired
5. Right leg-pin