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poyo hema   17 September 2023

How to prevent opposition substiting one medical report for another?

This is about medical negligence case. hope this s correct forum

1.We filed 1st IA asking that opposition submit blood report of sample collected at 8:45pm.(R2)
2.Opposition submitted sample collected at 9:00am (R1).
3.We then filed 2nd IA asking Court direction for R2 to be submited. 
Now opposition has claimed in its objection that R1 can be substiuted for R2 with no impact.

But our IA is about submitting R2. 
Q1:Can the issue of substitution be dealt in it?
Q2:Can we raise an objection to Opposition's tactics?

Our advocate says we can aoly await IA order and then appeal if necessary.


 6 Replies

T. Kalaiselvan, Advocate (Advocate)     17 September 2023

If you are not satisfied with the reply given by R1 on behalf of R2, then you can raise objections.

If the court is still proceeding to pass an order against you, then you can file a revision petition to set aside the trial court order in this regard

P. Venu (Advocate)     17 September 2023

The query is short of material facts.

Dr. J C Vashista (Advocate )     18 September 2023

Incomplete facts cannot lead to form proper opinion and advise.

Which forum / court the evidence is being considered since Consumer Fora or Tribunal(s) has no such procedure for cross-examination of evidence (R1 & R2 involved in instant case) where as Courts do have to allow ?

Consult a local prudent lawyer with relevant records.

poyo hema   18 September 2023

Dear experts, I will try to explain better:

This is before medical council. Opposition (hospital) is not submitting a crucial blood report (R2)
which will show their treatment was wrong.

So we filed I.A asking for it to be submitted. they submitted another blodd reporrt (R1). instead of submitting (R2).
Here, I am using R1 and R2 to refer to two different blood reports.

We filed 2nd I.A asking court to direct opposition to submit (R1) and not (R2).
Opposition has filed objection to the I.A stating blood report (R1) may be substituted for (blood report R2) and hence no need for submission of blood report (R2)
So you see that I.A is for court to direct blood report (R1) should be submitted. But in its objection 
 Oppostion is tryingt o slip in different issue which is substituting blood report (R1) for blood report (r2). But is this not a different matter altogether?
Now opposition  is seekng to substitute (blood report R1) in place of blood report (R2) as part of an I.A which is seeking that blood report (R1) should be submitted
Is it possible to object/rejoinder - i dont know the legal terms - to  Opposition's objection and basically say that different issue is being pushed into this  I.A?

i hope this is more clear. Many thanks

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 September 2023

Whether R1 can be substituted for R2 is different matter altogether. If you want R2 to be submitted before the court the opposite party has no option but to submit it. If the court does not accept your demand, gives verdict on the basis of R1 and you are not satisfied you can certainly go on appeal. If the hospital wants to withhold a particular report, something fishy has to be suspected.

1 Like

poyo hema   19 September 2023


Thank you. It clears up the confusion on how to proceed. We will wait for verdict and proceed as suggested if things do not  go our way

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