IVCourt

JECRC Novice Moot

Competition, 2024

22nd - 24th
April, 2024

JECRC
University, Jaipur
IMPORTANT DATES AND
TIMELINE

LAST DATE OF REGISTRATION 20th March, 2024

LAST DATE FOR SUBMISSION OF SOFT COPY 15th April, 2024

OF MEMORIALS

LAST DATE FOR SUBMISSION OF HARD COPIES 19th April, 2024

OF THE MEMORIALS

DATE OF NOVICE MOOT COURT 22nd-24th April,

2024
MOOT
PROPOSITION
BEFORE THE HON’BLE COURT
------------------------------
------------------------------
Xyxz......................................................................................Petitioner
vs.
Xyxz...................................................................................... Respondent

BACKGROUND
1. In the past year, Indiana State faced a devastating pandemic that resulted in a significant
number of deaths. The Cika virus had a profound impact on the Sajasthan. Sawai Nahar
Singh, (SNS) Hospital, a highly reputable healthcare facility, played a crucial role in treat-
ing Cika virus patients. They even offered doorstep medical services, which contributed to
their recognition as the number one hospital in the healthcare industry.
2. However, over the last three months, there has been a significant increase in Cika virus
cases in the area, with the number rising from 500 cases per month to over 27,000 cases per
month. As a result, SNS Hospital has experienced a surge in patients seeking treatment for
the Cika virus.
3. Rakesh, who was 38 years old, lived with his wife, Sunita, their two young children, includ-
ing a daughter name Vineeta, his elderly parents, and his brother’s family. Rakesh was the
sole bread earner for the family and everyone was dependent on him for their livelihood.
Unfortunately, he had to be admitted to the SNS hospital since he was experiencing severe
chest pain.
4. Later, Sunita, the wife of Mr. Rakesh signed a pre-consent form on his behalf. This legally
enforceable document explicitly outlined that in the event of any unforeseen circumstances
arising during the course of treatment resulting in the patient’s demise, the hospital shall
not be held accountable or subject to legal prosecution.
5. After Sunita signed the pre-consent form, Dr. Kamlesh, a highly regarded physician at
 SNS Hospital, has provided exemplary care to numerous virus patients. Dr. Kamlesh had
finished his shift, but because there were a lot of Cika virus cases, he decided to work extra
hours. During that time, he attended to Mr. Rakesh and asked his wife if Mr. Rakesh had
any pre-existing medical conditions such as allergies or the presence of diseases like hyper-
tension, diabetes or asthma. But Sunita, who was really worried about her husband, forgot
to mention any of his previous health conditions. Dr. Kamlesh continued his examination
assuming that Mr. Rakesh didn’t have any prior medical conditions.
6. Unaware that Mr. Rakesh had an undisclosed pre-existing medical condition, Dr. Kamlesh
administered certain medications and injected a high dose formula based on Mr. Rakesh’s
current health. After the injection of formula, an unexpected complication arose, and Mr.
Rakesh began experiencing severe respiratory distress and struggling to breathe. Upon wit-
nessing her father’s deteriorating condition, Vineeta experienced a severe emotional trau-
ma, leading to a state of shock and subsequent loss of consciousness. As a result, she was
admitted to the same hospital, incurring additional medical expenses.
7. Upon Mr. Rakesh’s admission to the medical facility in SNS Hospital, they had 35 ventila-
tors specifically designated for critically ill and emergency patients, based on their average
monthly requirements that had already been occupied by individuals afflicted with the Cika
virus and in a critical state of health. This unfortunate circumstance posed a significant
challenge in providing the necessary respiratory support to Mr. Rakesh, given the unavail-
ability of ventilators at that time.
8. Since the number of cases of the Cika virus were multiplying rapidly, there was a surge in
demand of the ventilators. The hospital tried their best to procure a ventilator by reaching
out to multiple vendors but they couldn’t procure. Eventually, they managed to secure the
rental of a ventilator from MediProducts Pvt Ltd. However, due to the considerable elapsed
time of approximately 2.5 hours until the installation of the ventilator, Mr. Rakesh, whose
oxygen saturation level (SpO2) had reached critically low levels, couldn’t be saved and
ultimately succumbed to death.
9. Because of all of the mishaps, the hospital decided to suspend Dr. Kamlesh. The Hospital
took this action because of the serious consequences of his decision to give such a high
dose injection. The hospital is taking the matter with utmost gravity and implementing
measures to prevent its recurrence in the future. They are diligently addressing the issue to
 ensure the highest level of patient safety and care.
10. But the incident spread like wildfire on social media and their slogans such as:
“Demand better healthcare, reject SNS Hospital negligence!
“SNS Hospital: A place of tragedy, not healing.”
“SNS Hospital: Where negligence costs lives” all over social media.
11. Also, the wide media coverage of the case caused a significant loss of reputation, blaming
SNS Hospital for the death of a patient due to their inadequate service. SNS Hospital faced
significant financial losses and a major blow to their reputation due to the negative publicity.
12. Sunita, wife of Mr. Rakesh took legal action against the hospital by filing a lawsuit in the
Sajasthan State Commission. She alleged that the hospital was negligent and failed to pro-
vide adequate services. Sunita sought compensation of INR 60 lakh for the damages suf-
fered by the family due to the untimely death of her husband Mr. Rakesh.

ISSUES FRAMED

1. Whether SNS Hospital was negligent in providing medical care to Mr. Rakesh, leading to
his untimely death?
2. Whether the pre-consent form signed by Sunita, absolves SNS Hospital of any legal re-
sponsibility for his death?
3. Whether the SNS hospital vicariously liable for the actions of Dr. Kamlesh?
4. Whether the hospital can be held liable for the nervous shock experienced by Vineeta due
to her father’s condition.?

ASSUMPTIONS

1. The laws and system of governance of the Indiana State are pari materia to that of India.
2. The Rules and Regulations for Consumer Protection Act, 2019 are to be applicable in the
Indiana State.
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