DARK HIDDEN SECRETS – PART 7 –


Thankas for all the love n support!!!! Have started penning down a new FF with lot of interstLOL, the idea had long kept me captivaitng , and now gave form to it, ! I know ve been away for 2 months but am i not showering with updates daily 😛 Believe me my life is not easy, n still i come here to relive maaneet! aage u ppl decide… the new story is about how maan falls for geetEmbarrassed, who is from a differnt religionDead, circumstances get them married (god my first story where maaneet are getting married so sooon hayeee) but then the barrier of religion is what they get crumpled too at all timesCry, its a differnt style of writing n if u wnat to read do tell me for that i need to see 175 likes at my future updates n the ni start posting the new FF! love ya …
 
 Mali…Hug
 
 

PART 7 :

 

“Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injuryor death to the patient, with most cases involving medical error Medical professionals may obtain professional liability insurances to offset the risk and costs of lawsuits based on medical malpractice.”

 

From now on u shall have few more characters, and in this part will give u the outline of Proceedings n what all u can get to see in this case!Embarrassed

 

As per the above definition a Medical Malpractice and to remind the readers once again Dr.MSK was charged with a Medical Negligence case for the death of Mrs.Patricia , as per the court notice Maan was charged with providing below par treatment to Patricia leading to her untimely deathAngry. Maan had professional insurance and his law firm filed a defense case to prove him clean from this case.Tongue

 

The characters few more from this update include  :

 

Mr.Roger – Maans Lawyer, who was an expert in medical negligence cases and was fighthing on behalf of maan.LOL

 

Mr.Rafal – Peter’s Lawyer, who had worked for criminal cases and this was his first case pertaining to Medical Negligence Case.Wink

 

The Plantiff – Late Patricia case, Case handled by Rafal ,  who was the executor or administrator of a deceased patient’s estate.Dead

 

The Defendant – The health care provider, here Maan who was the Leading DR for the case!Embarrassed

 

 

 

 

 

 

 

DAY 1 Proceedings :

 

All were seated In the court,  Since it was Day 1 anni n Vikram too had come over to witness the gatherings, the plaintiff , Rafal filed a lawsuit in a court with appropriate jurisdiction. Between the filing of suit and the trial, the parties were required to share information through discovery. Such information included interrogatories, requests for documents and deposition. If both parties agree, the case may be settled pre-trial on negotiated terms. But Maan did not agree to negotiate with Peter on any terms and avoided since he knew he was not guilty and didn’t watned to face Peter off the court, the case thus proceeded to trial.Embarrassed

 

 

 

The plaintiff, Rafal had the burden of proof to prove all the elements by a preponderance of evidence. At trial, both parties needed to be present & experts to testify as to the standard of care required by the Dr concerned in this case MaanEmbarrassed, and other technical issues. The jury will then weigh all the evidence and determine which side is the most credible. This would be the entire proccedings of the court in this Trial…Embarrassed

 

 

Expert testimony –

Expert witnesses must be qualified by the Court, based on the prospective experts qualifications and the standards set from legal departmentAngryTo be qualified as an expert in a medical malpractice case, a person must have a sufficient knowledge, education, training, or experience regarding the specific issue before the court to qualify the expert to give a reliable opinion on a relevant issueTongue. The qualifications of the expert are not the deciding factors as to whether the individual will be qualified, although they are certainly important considerations, the expert testimonials does affect the Judgement given by the Judge, these peole in Maan’s case included a Lady NurseShocked, A Xray TechnicianOuch, A pharmacist Wink, a PsychologisConfusedt, a common manLOL, a ER duty Dr Tongueall based from different hospitals so that their verdict would not be influeneced on past favours, in short these people were first time seeing or hearing about Maan, the Defense Lawyer that is Roger, should be able to present the case in such a way that they need to gain confidence in the expert panel that maan was not guilty.Smile

 

 

The Chief Judge entered and the case begun , Maan was seated restless, first time in life probably he felt so nervous, thinking about the outcome of this proceedingsAngry, he had never worried in his exams or anything he would be pretty confident about himself but today somewhere deep at heart he was worried.Cry

 

 

 

 

The case begun with a Bell,

 

The Plantiff – Mr. Rafal, presented the Elements of this case, he needed to provide all the 4 elements of tort of negligence for a successful claim, and here it was

 

1.     A duty was owedTongue: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient., this included the Patricais’ case being handed over to MaanAngry… The papers which told that Maan was her Physician, who was legally responsible to take care of her health, and for Maan poor Maan was doing his duty perfectly well for the last 1 year, when suddenly that unfortunate night it all went upside down.Dead

2.     A duty was breached:Cry the provider failed to conform to the relevant standard care., that is how Rafal put us, telling that Maan had breached his Duty by choosing to visit Patricia and wasting valuable time at her treatmentAngry .

3.     The breach caused an injuryCry: The breach of duty was a proximate cause of the injury., he also continue to claim that the alleged breach lead to be fatal taking out the life of his client PatriciaAngry, she had succumb to death due to his negligent attitude.Angry

4.     Damage: Without damage (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damage can occur without negligence, for example, when someone dies from a fatal disease. This was something very trivial in this case ! Damage here  was death of Patriia, and the loss was emotional agony, mental distress and what not for PeterLOL, this was how Rafal presented the case as.Wink

 

 

He had successfully pointed the 4 elements, now it was work for Roger to start his counter to these accusations, Maan was dumb folded looking at the accusations, he couldn’t believe he would be framed like this for treating a patientCry, that day he realized the worst thing for a Dr is to witness a Negligence TrialCry, he was shattered and couldn’t collect himself, btu then he knew deep inside he needed to be strong for himself ….LOL

 

Precap : DAY 2 : The Witness 😛 Broken Heart

 
 
plus add urself into this group, to get all linksss…LOL
guys this is a big update, the biggest by me so far in all threads… am drained , had to club my 2 updates for this… i suggest u all read this twice so that u get used to the court stuff, and feel free to ask doubts… am not Lawyer by profession and may be bound to make mistakes, if anyone finds it please clear it to me so that i rectify, Tongue
 
Pooja i want to say Geet is not getting married to vikram, he is her brother, so read d CS n i guess u missed one part whee i have explained clearly… Cry
 
This part is huge, so next part will be late after 3 days or so Dead
 
gUYSSS do leave feedbacks how is it… need to know 🙂 silent readers do get active!! 
 
i have a doubt is there some condition that either u should LIKE or COMMENT > since i have seen ppl who have commented had not hit the like button n vice versa… Peeps… dnt d othat to me Dead HIT LIKE n COMMENT!! i wanna know how u liking the story >> ??? 

 

Advertisements

8 thoughts on “DARK HIDDEN SECRETS – PART 7 –

  1. Good update,nicely described d court proceedngs..n precap,hope d witness dnt add more to dis misery,poor maan,hope his lawyer succeed in d case 🙂

  2. Wow Mali u know much about law..i’m a law student but hardly know anything as it’s my first year at law.. 😉 but i’m sure this is gonna help me alot.. 🙂

    • Hey najju! u know am a Dr…. i did little bit study about medical ethics and laws as it intrigued me during ma third year 😛 n its come to some use today!!! Hope i ahvent written anything wring tat is my only worry 🙂

      • I must say ur knowledge is appreciable..:) u r a doctor but ur writing skills r tooo gud.. it’s my first year at law so can’t point out mistakes.. 😉 i’ve gained much knowledge after reading this update.. 😀

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s