MOOT PROBLEM 2022

PROBLEM 1

In a small village, Bagida, in the state of Rajeestha, there were only 100 houses and 450
residents. All these residents were poor farmers who relied on the river Saakshi for meeting
their irrigation needs. There were many chemical industrial plants that were in operation in
Bagida. Particularly two industries, Haji Zinc Ltd and Raji Silver Chemicals Ltd were in
operation for 10 years since 2011 and had continued to discharge their untreated effluents
into river Saakshi apart from causing other types of pollution. Both Haji Zinc Ltd and Raji
Silver Chemicals Ltd realized their potential to market chemicals for meeting export demands
and they increased their production by three times. Both these industries started production of
oleum together with a single super-phosphate, without intimating anyone. Haji Zinc Ltd had a
waste-treatment plant installed but did not operate it regularly owing to irregular supply of
electricity. Whereas Raji Silver Chemicals Ltd did not have any such treatment unit. Most
villagers had some member of the family employed in these industries and that is how they
supplemented their meagre household income that they earned from farming. On 01.03.2022,
Shyam, a worker in Haji Treatment Plant while talking on his mobile phone accidentally
slipped and fell into an industrial container brewing sulphuric acid. He was not wearing any
protective gear. The exact sequence of event was not disclosed by the industry when handing
over the charred body of Shyam to his father (Vikas). Vikas’ father was too grief stricken to
think about any legal recourse. In the meantime, villagers started reporting instances of varied
gastric ailments. One village, Teena, wondered if it was because of the contaminated water of
river Saakshi that they had been drinking for a long time.

Vikas and Teena want to seek justice for the death of Shyam and falling health of the
villagers of Bagida. Prepare Arguments and Prayer for both sets of parties.

PROBLEM 2

Vicky Azad was 21 years old when he had to undergo a few medical interventions in Canning
(his hometown). He was studying Engineering, in Kolkata, and had 2 more years left to
complete his course. He was suffering from recurring bouts of fever and wanted to ascertain
that nothing major was wrong with him. His father took him to Narayani Hospital, in
Canning for medical examination. The cause of the recurrent fever could not be immediately
identified. Vicky was examined by one, Dr. Sameer Yoga, a Chest and Tuberculosis
Specialist who asked Vicky to undergo an X-ray. The X-ray revealed that a mass was present
in the left hermithorax. Pursuant to this discovery Dr. Sameer Yoga advised Vicky to undergo
an ultrasound guided biopsy for Neurofibroma, an innocent tumour. Vicky and his father
however were not willing to undergo the operation and delayed this process by seven months.
On 7th April, 2014, he underwent various tests. However none of the several tests that were
conducted could reveal the exact nature of the mass detected under X-ray examination.

Vicky was referred for further examination to Dr. Wai Wai Raj, who suggested another
attempt at the same procedures but under C.T. guidance. This test too did not show any lesion
on which Dr. Wai Wai Raj suggested that he undergo an excision biopsy and referred him to
Dr. Worli Wise, a Cardio Thorasic Surgeon. Dr. Wise advised Vicky to report at the hospital
on 20th April, 2014 for allotment of a room. Vicky was admitted to the hospital on 27th April,
2014. He and his father were verbally explained the exact nature of the complications from
undergoing this procedure, however Vicky’s father was made to sign on a general consent
form which did not elaborate upon the nature of the complications involved in this specific
operation.

The operation was performed on 7th May, 2014 and the tumour was excised. Though
operating on a neurofibroma or a schwannoma which had neurological implications as well,
warranted the involvement of a Neuro surgeon, no such opinion was sought before the
surgery and no such neurosurgeon was present at the time of the operation. Narayani
hospital’s in-house neurosurgeon was out of station, so it attempted to bring in a
neurosurgeon from Kolkata. Narayni Hospital made several requests to a large number of
hospitals to send in a neurosurgeon to their hospital on the date of the surgery, but in vain,
since no neurosurgeon was available to travel to Canning on the scheduled date.

The doctors wanted to keep Vicky for another week under observation, but Vicky and his
father were insistent on being released, since his semester examination was approaching. The
discharge certificate mentioned this advise of the hospital that the patient and his father did
not pay heed to. According to further advise in the discharge certificate, Vicky was expected
to return for weekly check-ups for a period of 6 months since his discharge on 12th May, 2014,
and was to take his medicines as prescribed—all necessary to prevent the possibility of post
operative complications.

Though Vicky was careful to take all the medicines prescribed at the prescribed time, Vicky
missed the first checkup. Soon after, Vicky developed acute paraplegia with a complete loss
of control over the lower limbs, and some other related complications, which subsequently
lead to prolonged hospitalization. The purpose of the operation (excision biopsy) was
exploratory, but Dr. Wise in Narayani hospital had taken an all-encompassing consent from
the patient’s father and had carried out a complete excision removing the tumour mass and
the fourth rib thereby destroying the inter-costal blood vessels that subsequently could have
led to the development of paraplegia.

Vicky was being treated at Bodhisath Hospital, in Kolkata, when his father filed a case of
medical negligence against Narayani Hospital and its doctors. Bodhisath Hospital opined that
Vicky’s condition was non-reversible and that Vicky would be paralysed for life.

It was alleged by Vicky’s father that the medical record did not indicate any immediate
danger to the complainant's life and health and that his father had pleaded with the doctors
that the operation be postponed till such time as Vicky required to complete his engineering
degree course, but the doctors created a sense of urgency.

Vicky’s father wants to institute a case against Narayani Hospital and its doctors.

Argue for both the parties.