How should i present this case in moot court?

Question

Mr. R was a young man of 32 years and was a graduate in commerce and was an exporter of repute named vikrant exports,NEW DELHI. he was driving his car on 1.11.1992 at about 4:30pm which was hit by a tempo due to which Mr.R sustained injuries at about 5:30pm,he was first taken to hospital S,it was found that the deceased had became unconscious.X-rays and tests were carried out;fracture of mid-shaft of right fermur was detected.Thereafter,he was shifted to Dr.B.KAPOOR MEMORIAL HOSPITAL under the care of Dr.K.MISHRA who was the orthopaedic surgeon, for better and personal care. At the time of admission in the hospital, Mr.R was found to be conscious and his pulse 100 per minute. Then, Dr.K.Mishra decided for open reduction of fracture and internal fixation under anaesthesia. Thereafter, on 3.11.1992, Dr.Mishra took mr.r to the operation theatre for open reduction with Dr.(Mrs) J.SETHI, SR.CONSULTANT(ANAESTHETIST) and Dr. LAMBA, JR.CONSULTANT((ANAESTHETIST).It is found that there was gross negligence in performing the operation and administration of anaesthesia,and,therefore,the deceased suffered.it was also pointed out that the deceased was shifted to another hospital A,on the night of 3.11.1992 on the ground that respirator was not functioning in the Dr.B,Kapoor's hospital.it was contended that there was total negligence on the part of Dr.B.Kapoor's hospital as there was incordinate delay in surgical procedure and also complained that hospital was not having respirator. Dr.k.mishra ought not to have admitted Mr.R in the said hospital.complained was file seeking compensatoin and other costs...

Answer 1

File a criminal charge of homicide due to negligence. Prove that the act was a result of failure on the part of the doctor to observe due diligence in the giving of anesthesia and proper medical care.

Answer 2

There are in certainty 2 varieties of circumstances that make it to splendid court docket a million. particularly often the case will make it to splendid if the courts decrease than(US Circuit Courts) are utilising some federal regulation and a pair of courts come to a distinctive end on the comparable concern. to illustrate say third circuit in Pennsylvania says that Civil precise Act of 1964 covers homosexuals and then 1st circuit in enormous apple says that it would not. the style of case is notably much sure to finally end up in the luxurious court docket, so as that they'd bypass very final interpretation on the federal regulation.[a million] 2. circumstances in keeping with shape make it to the luxurious court docket in the event that they are particularly novel. to illustrate whilst the problem of Flag Burning got here up and somebody claimed that burning flag is a loose SPEECH risk-free with the aid of 1st replace -- the case went to splendid court docket. yet permit's say some state passes anti-flag burning regulation now, the case would be resolves on the Circuit court docket point and the luxurious is notably much sure to refuse to pay attention it, because of fact that's no longer novel.[2]

Answer 3

Since this case is 15 years old, you would need proof for everything you have written. Because the hospital can now escape saying that they did not have enough technology and medicines to prevent death. So, this is a tough case but you need all proofs to get them filed as a criminal case.