Ayushi Bhatt is seeking compensation from Dr. Himmesh after undergoing multiple surgeries due to complications from her initial surgery performed by Dr. Himmesh. Her key interests are her full and fast recovery, lifelong free medical treatment, and compensation for financial losses, mental agony, and damage to her reputation as a top fashion designer in India. Her strategic strong points include that she consulted Dr. Himmesh and followed his recommendation for surgery, as well as the impact on her business. Her strategic weak points are that she took painkillers without prescription and sought a second opinion without informing Dr. Himmesh. Her best alternative is for Dr. Himmesh to financially support her recovery and medical costs. Her worst alternative is litigation
Ayushi Bhatt is seeking compensation from Dr. Himmesh after undergoing multiple surgeries due to complications from her initial surgery performed by Dr. Himmesh. Her key interests are her full and fast recovery, lifelong free medical treatment, and compensation for financial losses, mental agony, and damage to her reputation as a top fashion designer in India. Her strategic strong points include that she consulted Dr. Himmesh and followed his recommendation for surgery, as well as the impact on her business. Her strategic weak points are that she took painkillers without prescription and sought a second opinion without informing Dr. Himmesh. Her best alternative is for Dr. Himmesh to financially support her recovery and medical costs. Her worst alternative is litigation
Ayushi Bhatt is seeking compensation from Dr. Himmesh after undergoing multiple surgeries due to complications from her initial surgery performed by Dr. Himmesh. Her key interests are her full and fast recovery, lifelong free medical treatment, and compensation for financial losses, mental agony, and damage to her reputation as a top fashion designer in India. Her strategic strong points include that she consulted Dr. Himmesh and followed his recommendation for surgery, as well as the impact on her business. Her strategic weak points are that she took painkillers without prescription and sought a second opinion without informing Dr. Himmesh. Her best alternative is for Dr. Himmesh to financially support her recovery and medical costs. Her worst alternative is litigation
SLS Nagpur - 1st Intra - Mediation Competition, 2022
Negotiation Plan for: Ayushi Bhatt (Requesting Party) Negotiations Between Ayushi Bhatt and Dr. Himmesh (Five Stones Clinic) 1) INTEREST: 1. To ensure about her full and fast recovery. 2. Maintenance include food, clothing, residence, medical treatment and mainly her profession. 3. Claim from damages 4. Mental agony 5. Charges of Surgery should be returned 6. Harm to her quality reputation 2) OBJECTIVE: 1. Emergency corrective measures and treatment of Ayushi Bhatt. 2. To convince assurance for life-long treatment free of cost. 3. Ensure her timely repair of physical fitness. 4. To provide excellent service in hospital so as to leave a good impression which will later help them 5. To provide a nurse/caretaker at her house till she recovers from wheelchair. 6. Compensation for professional commitments. 7. Loss of time. 8. Compensation on humanitarian ground.
3) STRATEGIC STRONG POINTS:
1. Consulted with Dr. Himmesh: Mrs. Bhatt even after suffering from massive pain visited Five Stones Hospital and consulted with Dr. Himmesh regarding the same. 2. Dr. Himmesh recommended to pursue surgery: The Dr. being esteemed and renowned person, Mrs. Bhatt trusted and followed the instruction given by him. 3. Informs Dr of the discomfort after the surgery: Mrs. Bhatt prefers to again go and consult the doctor for betterment of her health. 4. Walk off for appropriate second opinion : Mrs. Bhatt was not receiving relaxation which led the way to undergo two more surgeries. 5. Goodwill affected: Mrs. Bhatt is unable to go to her office which to a greater extent is impacting her business and goodwill as she was topmost fashion designer in India. 6. Strong Market Presence: Mrs. Bhatt was a market leader in creating unique streetwear clothing but her profession hit hard due to Dr. Himmesh’s mistake. 4) STRATEGIC WEAK POINTS: 1.Consumption of painkillers: Initially Mrs. Bhatt decided to take painkillers without prior prescription of doctor thinking that it would stop her pain. 2.Considered second opinion without informing: Mrs. Bhatt visited to another doctor to see if everything is okay and took their opinion without informing Dr. Himmesh. She further undergoes two additional surgeries. 3.Hold back for a while: Mrs. Bhatt should wait and have patience for further days to heal and cure from her therapy.
5) BATNA (Best Alternative to a Negotiated Agreement)
1. To bear financial help i.e., food, clothing, residence, medical treatment of Mrs. Bhatt, her family and professional business. 2. Seize Dr. Himmesh’s doctorate degree for a minimum period of 1 year, subject to changes and strictly restrict him to practice.
6) WATNA ( Worst Alternative to a Negotiated Agreement)
1. Go for litigation to claim damages that she had suffered physically and financially if negligence has found out to be there. 2. To use credit facility for lifetime whenever she faces issues in abdomen with maximum discounts. 3. To replace Dr. Himmesh with any other doctor in Five Stones Clinic.