Iam a 1st year law student and iam unable to work on this case so really need your assistance if any,
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 the PLAINTIFF AND IAM NOT GETTING ANY CASE LAWS ON THE ABOVE CASE FROM THE SIDE OF THE PLAINTIFF.I WILL BE TRULY OBLIGED IF YOU ALL COULD HELP ME.
