1.

Client- Rita

 Lost her mother due to cardiac arrest (4 th day of shifting)

 Intestinal tumor - Chemotherapy suggested by a general physician
 MCB Hospital, Ganjbasoda , Dr. Ajay Raj (extremely non-cooperative helping staff and the doctor
was nowhere to be seen.)
 No regular checkups

Wants to Sue-

 Dr. Ajay Raj,

 the management of M B C Hospital and
 the general physician who advised her on shifting her mother to M B C Hospital.

1. Govt. hospital or medical hospital?

2. Was the Cancer confirmed?

3. How many consultations and in what intervals?

4. How exactly was the staff non-cooperative?

5. Did you make any complaints in the hospital?

 Medical negligence- wrongful actions or omissions of professionals in the field of medicine, in

pursuit of their profession, while dealing with professionals. Negligence, simply put, is a breach
of duty of care resulting in injury or damage.
 The causal relationship between breach and injury is a must for fastening the liability of
negligence, and such cause must be “direct” or “proximate. Postgraduate Institute of Medical
Education and Research v. Jaspal Singh (2009) 7 SCC 330. (we should prove that the
negligence of the doctor is the reason behind her death)

 The consequences of legally cognizable medical negligence can broadly be put into three
categories: 
(i) Criminal liability (punishment),
(ii) Civil liability (compensation), and
(iii) Disciplinary action.
 Criminal Liability- Indian Penal Code, 1860 (“IPC”), which are general in nature and do not
provide specifically for “medical negligence.”
304A, IPC (which deals with the death of a person by any rash or negligent act and leads to
imprisonment up to 2 years) for accidents or medical negligence.
 Civil Liability-
 monetary compensation can be fastened under the general law by pursuing a remedy before
appropriate civil court or consumer forums.
 Disciplinary action-
Professional misconduct by medical practitioners is governed by the Indian Medical Council
(IMC) (Professional Conduct, Etiquette, and Ethics) Regulations, 2002, made under IMC Act,
1956. Medical Council of India (MCI) and the appropriate State Medical Councils are empowered
to take disciplinary action whereby the name of the practitioner could be removed forever or be
suspended.
 Problem with the hospital dispensary-
lok adalats, constituted pursuant to the Legal Services Authority Act, 1987, can also be knocked
at by a complainant seeking relief in the relation to services “in a hospital or dispensary” which
are considered to be “public utility services” (will act like normal courts and can enforce the
attendance of witnesses and jurisdiction upto- 1 crore)
 Mental Trauma -  The recent judgment awarding compensation of Rs. 11 crore was by far the
biggest payout in the history of Indian medical negligence litigation.  Balram Prasad vs. Kunal
Saha, (2014) 1 SCC 384.

General physician-

1. Is he related to the staff or the doctors or any person who is related to the hospital?

2. Why do you exactly want to sue the general physician?

2. Client- Akbar

 fan of – Anthony Bajaj

 Son- Sardarshah (name of one of the hit movies by Mr. Anthony Bajaj)- 25 years old (IT
company)
 Birthday gift- ABZ grooming kit (Ambassador- Bajaj)
 Sardarshah complained of rashes, which a day later turned into dark red burns, leaving scars all
over his face.
 Dermatologist suggested that the scars are permanent and the only remedy that he can see is
getting a surgery done.

Wants to Sue-

 brand ABZ and

 actor Mr. Anthony Bajaj

1. Did the grooming kit contain any creams, etc?

2. Is your son allergic to something in specific?

3. Did you contact the Food and Drug Administation, Consumer Complaint Coordinator, etc?

Endorsment- 2(18) consumer protection act - in relation to an advertisement, means— (i) any message,
verbal statement, demonstration; or (ii) depiction of the name, signature, likeness or other identifiable
personal characteristics of an individual; or (iii) depiction of the name or seal of any institution or
organisation, which makes the consumer to believe that it reflects the opinion, finding or experience of
the person making such endorsement

 Under Section 20 of The Consumer Protection Act, the proposed authority will have powers to
recall goods or withdrawal of services that are “dangerous, hazardous or unsafe; pass an order
for refund the prices of goods or services so recalled to purchasers of such goods or services;
and discontinuation of practices which are unfair and prejudicial to consumer’s interest”.

For manufacture, selling, storage, distribution, or import of adulterated products, the penalties are:

* If injury is not caused to a consumer, fine up to Rs 1 lakh with imprisonment up to six months;

* If injury is caused, fine up to Rs 3 lakh with imprisonment up to one year;

* If grievous hurt is caused, fine up to Rs 5 lakh with imprisonment up to 7 years;

* In case of death, fine of Rs 10 lakh or more with a minimum imprisonment of 7 years, extendable to
imprisonment for life.
Under section 20, where on the basis of investigation, the Central Authority is satisfied that there is
sufficient evidence to show violation of Consumer rights and unfair trade practise by a person, the
Central Authority may pass orders as may be necessary, including:

recalling of goods or withdrawal of services which are dangerous, hazardous or unsafe;

reimbursement of the prices of goods or services so recalled to purchasers of such goods or services;
and

discontinuation of practices which are unfair and prejudicial to consumers' interest:

Provided that the Central Authority shall give the person an opportunity of being heard before passing
an order under this section.21.

 ADVERTISEMENT, BAJAJ

Under section 21, the Central Authority may, in case of false or misleading advertisements or which is
prejudicial to the interest of the consumer or is in contravention of Consumer Rights pass directions to
the manufacturer or endorser to discontinue or modify the same along with the imposition of
fines( which may extend to 10 lakh rupees. Order in this regard may also extend to a ban on the
manufacturer or endorser, which may extend to 1 year. The bill provides for aggravated punishments for
subsequent contraventions.

Power of Central Authority to issue directions and penalties against false or misleading advertisements

• To strengthen consumer protection, the government on Wednesday launched two key

initiatives – a portal on Grievances Against Misleading Advertisements (GAMA) and Grahak Suvidha
Kendras (GSK) in seven cities. The portal will be linked to all State authorities concerned, select voluntary
consumer organisations in the country and the sector regulators.

• You can register a complaint along with a copy / video / audio of such advertisement through
the web portal of the GOI at http://gama.gov.in to bring it to the notice of the Government.

following the Consumer Protection Act 2019 coming into force on 20 July 2020, the CCPA was
established to regulate matters relating to the violation of consumer rights, unfair trade practices and
false and misleading advertisements. Under its powers it has now issued the Prevention of Misleading
Advertisements and Necessary Due Diligence for Endorsement of Advertisements guidelines, which are
open for comment until 18 September and cover all forms of advertising and marketing communications

What made you buy this product?

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

District Consumer Disputes Redressal Forum

 proof of buying the product

3. Client- Brahmaji

 Small Boss, BAR MINUS TV channel, September 2019, created and produced Mask
Entertainments Pvt Ltd.
 Brahmaji, software engineer wanted to be a director.
 during his trials to get into the TV industry as an assistant director, he got the idea of small boss
 shared the idea with Mr. Anandam (colleague).
 Brahmaji could not proceed with the same due to his family and other personal reasons
 in 2018 Anandam joined BAR MINUS as Technical Advisor and a year after as a Creative Head of
Mask Entertainments Pvt Ltd.

Wants to Sue-

 Mr. Anandam,
 Mask Entertainments Pvt Ltd and
 BAR MINUS TV Channel.

for using his concept without his consent as well as for demanding considerable share of the show’s
profit to him.

1. What proof do you have to say that this idea?

2. How have you expressed your idea? Mode of expression.

3. Had he expressed it to anyone else?

What is expression of idea and how is it copyrighted.

4. Client- Urmila and Ashok

 Santhanam (Pulmonologist ), wife- Urmila (homemaker)

 married for 6 years
 couldn’t have a baby, were planning to go for IVF treatment
 COVID-19 outbreak, postponed IVF for an year
 Dr Santhanam became very busy treating COVID patients and stayed mostly in the hospital (to
save Urmila).
 Neighbor- Ashok (bachelor software engineer) started WFH and met Urmila.
 Consensual intercourse
 Once in a month Dr Santhanam used to visit home for a week and both use to have sexual
intercourse as usual.
 He got to know from Urmila about her friendship with Ashok and he was fine with it as the full
story was not revealed by her.
 Urmila got pregnant, Santhanam got to know and wants to sue

the possible scenario ahead and relevant alternatives they can have.

1. What religion do you belong to?

Mental cruelty is also the grounds for divorce.

And Adultery- no more a crime

 The Hindu Marriage Act (HMA) under Section 13(1)(i) and the Special Marriage Act (SMA) under
section 27(1)(a) have mentioned in a very precise manner, that any marriage may be dissolved
by a decree of divorce on filing of a petition by you on the ground that your husband or wife has,
after the solemnization of the marriage had voluntary sexual intercourse with any person other
than you.
  1. Pleasantries

 How are you?

 What is your name Ma’am/Sir, how would you like us to address you?
 In these difficult times it is very important to take care of yourself and we hope You’re doing
well at your end!?

2. Overview

 Have you ever been to an attorney before?

(knowing their idea on law and legal system)
 Explain about Attorney-client privilege.(brief about what happens in an counselling session)
 You can stop if we are not being clear

during this session,

 we’ll ask you all about your problem.

 we’ll ask you questions as we go to clarify things.
 we’ll offer a preliminary legal analysis of your situation and all forms of resolution which we
think are feasible
 provide some suggestions about potential courses of action. (Its upon you to decide upon the
preferred course of action from the various choices given to them that will be convenient for
you and we’ll take up method)

3. Preliminary details-

 Client’s full name and address (did the secretary give you an information sheet to fill out? )
 Consultation fee- 3000
 Conflict Check: you need to clear with the secretary at the front desk that you are not precluded
from meeting with the client because of a conflict of interest. Simply call (using an imaginary
phone or pretending with a cell phone) the secretary and ask if you have a conflict. Your partner
can do this after you get the client’s name and while you explain some of the above items.
 Explain in short why there is a non-disclosure agreement- with ensuring full privacy we would
want you to be open and discussive, for us to provide you with the best possible
solution/solutions

4. Client’s Story-

 tell us what brings you here today?

 We would want to ask you some precise questions to understand the problem in a better way

 Whether or not the opposing party is represented by counsel.
 Names and addresses of other potentially adverse parties.
  Whether the client has brought with him/her, possesses, or has access to any documents or
copies of documents discussed.
 Fill in the blanks!

5. Analysis-

 Need not be an expert

 Strength and weakness of the case
 Possible actions the client can take (do not forget about “non-traditional” alternatives such as:
contacting the other party by letter, telephone, or in person; negotiation; mediation; etc.)

6. Fees-

 As discussed earlier, initial consultation fee- 3000, further work – 7000 per hour or if you want
to opt for a pro bono work to be done by us there is a separate procedure in which you have to
apply for the same through our website
 “We are mindful of the fact that you’d probably like to keep your legal costs down; to that en2d,
we really do want to help you keep fees to a minimum; there are several things we can do to
keep those costs down:
(a) you should send us copies of all documents as soon as possible;
(b) you should send us names and addresses of all parties involved as soon as possible;
(c) you might consider preparing for us a diary or folder of all relevant information related to
this matter;
(d) we’re not averse to pursuing less expensive non-legal options or pre-litigation options.
 “If you decide not to retain our services, you are entitled to retrieve all documents prepared for
court and any and all research done; they belong to you, personal notes on the case written by
attorneys assigned to your case, however, do not”

7. Next Course of Action-

 Give a To-Do list – we will mail our contact details to you feel free contact us if you wish to share
any more information or have any doubts regarding your issue
 who will call whom and when to expect that call.

8. Questions-

 any final questions for us?

9. Conclusion.

 Business cards, directions back, etc.