BUSINESS LAW

CASE STUDY

Submitted To : Submitted By :
Mrs. Harman Mangat Karan Vohra
MBA- 2 nd Sem
Ques.1 ) What is the appropriate law for handling this
case ?
Ans.1 ) This case comes under The Consumer
Protection Act , Procedure on admission
of complaint [Sec.13 as amended by the
Consumer Protection (Amendment) Act,2002 ].

Ques.2 ) Where does Mr. Vijay Kumar’s remedy lie ?

Ans.2 ) Mr. Vijay Kumar’s remedy lies under The
Consumer Protection (Amendment) Act, 2002 .

Ques.3 ) Is there any negligence on the part of the

doctors ?
Ans.3 ) Yes, there lies negligence on the part of the
doctors as the doctor took a lot of time in
finding out the problem and the tests which
 were suggested could not be undertaken as the
hospital lacked those facilities and the patient
had to be shifted to a ‘Speciality’ hospital.

Ques.4 ) Was the Hospital Staff that was required to carry

out the directions of the doctor’s, negligent ?
Ans.4 ) Yes, the Hospital Staff was negligent as they
were well aware of the critical condition of the
patient, still they took a lot of time in diagonosing
the problem and moreover the equipments that
were required for the treatment were not
available in that hospital.

Ques.5 ) Was the delay of two hours in intubating the

patient an act of negligence ?
Ans.5 ) Yes, the time taken during intubating was
an act of negligence on the part of the doctors

even after being aware about the patient’s

 condition .

Ques.6 ) What, if any, was the nature of lapse on the part

of hospital staff in respect of the oxygen tube
pulled out by the patient ?
Ans.6 ) The lapse was that the nurse on duty should
have ensured that the patient does not pulls out
the tube. Either she should have checked it
timely or could have told the patients attendents
to take care of the same .

Ques.7 ) By whom should Mr. Vijay Kumar’s parents be

compensated ?
Ans.7 ) Mr. Vijay Kumar’s parents should be
compensated by the ‘Speciality’ hospital for the
negligence on the part of the nurse .
Ques.8 ) What was the nature of Mr. Vijay Kumar’s
condition in this case ?
Ans.8 ) The condition of Mr. Vijay Kumar was critical
as he had complained of weakness,
breathlessness and decreased power due
to which he was first taken to ICU and then to
ICCU .

Ques.9 ) Is the private hospital liable for the lapses in this

case ?
Ans.9 ) Yes, the private hospital is liable for the lapses
on the part of negligence of the nurse on duty .
Ques.10 ) Name the major lapse .
Ans.10 ) The major lapses were :

 Delay of time in diagnosing the problem

 New mode of treatment not being available
 Negligence of the nurse

Ques.11 ) What, if any, is the limitation period for filing

the case by Mr. Vijay Kumar’s parents ?
Ans.11 ) The complaint should be filed within a time
period of 3 months .