COMMONWEALTH MOOT COURT COMPETITION (FOR

INDIA
AND BANGLADESH, PAKISTAN & SRI LANKA) 2014
NATIONAL ROUNDS
November, 14-16, 2014
CLEA Moot Court Problem 2014
Mrs. Sharon Stanley, a 32-year-old, (UK)-based Gynecologist and Mr. Tony
Stanley, 35year-old UK-based Attorney had visited India to celebrate their maiden
wedding anniversary
during February this year for a period of one month.
During their visit to India, they had to obtain a doctors assistance and
approached one Mr.
Sachin Pawar, a doctor at Green Meadows Diagnostic Centre in Kolkata, on 7
Feb, 2014, as
Ms. Sharon Stanley started to contract acute pain, fever and rashes upon her
visit. The
concerned doctor upon examination of Ms. Sharon Stanley, decided to
administer a dose of a
steroid called Depomedrol as a part of the treatment regimen. According to
Tony Stanley,
his wife was administered 80 mg of Depomedrol straightaway and prescribed
two injections
daily for three days.
The maximum recommended dose of the drug for any clinical condition is
within the range of
40-120 mg - at that too at a minimum interval of 1-2 weeks between such
doses. When
Sharons condition did not improve, she was admitted to Vasantech Hospitals
on 11th
February. This hospital happened to be earlier shut down on grounds of
negligence in 2012
after a fire gutted one of its buildings, killing 93 people, mostly patients and
nurses.
Meanwhile, the patient as well as Tony Stanley was made to sign a standard
Patient
Undertaking cum Guideline Document which provided details of essential
clinical
procedures undertaken by Vasantech Hospitals in order to give an
opportunity to the patients

as well as their relatives to evaluate the clinical procedures accompanied

with illustration of
self-management techniques in cases of medical emergencies. All doctors as
well as staff at
Vasantech Hospitals are bound by Patient Undertaking cum Guideline
Document.
In terms of the said Patient Undertaking cum Guideline Document, apart
from the
regulating conduct and affairs for doctors and staff the all risks associated
with an operation,
treatment ultimately rests with the concerned patient. Also, the said
document provides
monetary assistance to underprivileged up to a ceiling of Rs. 5 lakhs per
case on humanitarian
grounds.
18

It was in lieu of the Patient Undertaking cum Guideline Document, Sharon

was
administered another steroid namely - Prednisolone, in a tapering dose continuing the
treatment for allergic vasculitis, which is an extreme reaction to a drug, leads
to inflammation
and damage to blood vessels of the skin. Mr. Sachin Pawar had to leave for
USA on a prearranged
visit, leaving Sharon in the care of dermatologist Mr. Debjyoti Sarkar.
On 12th Feb, Sharon was diagnosed by Mr. Debjyoti Sarkar as suffering from
toxic epidermal
necrolysis (TEN) however, they did not make any drastic change in the
treatment regimen of
the patient. TEN is a rare skin condition caused by a reaction to drugs, where
the top layer of
skin detaches from the lower layer all over the body. With no sign of
improvement, Sharon
was taken to BIIMS Health Hospital in Gurgaon, where she died on 28th Feb
2014.
Mr. Tony Stanley has sued Mr. Sachin Pawar and Mr. Debjyoti Sarkar
(collectively
respondents) for contributory medical negligence in the District Court,
Kolkota, India. He
further intends to sue the respondents before County Court, Birmingham, UK
as well. He has
claimed damages from the respondents on account of pecuniary (loss of
income for deceased)
and other pecuniary damages (including medical treatment in Kolkota and
Haryana, travel
and hotel expenses in Haryana, other non-pecuniary damages).

The Respondents has refuted the claims made by the claimant and state
that, they had adopted
the requisite standard of care in handling the patient and administration of
the treatment in
terms of the Patient Undertaking cum Guideline Document.
Key assumptions
a) India and UK are both members of Hague Convention on Private
International Law
(HCCH) and UNIDROIT (International Institute for Unification of Private
International
Law).
b) On 30 April 2013, the UK government promulgated the Medical
Malpractices Act, 2013
which prescribes formulae for compensation in an established case of
medical
malpractice as under:
Clause 5 (a) Calculation of Pecuniary Damages:
Category (M) Medical Professionals 5 million to 125 million dollars;
Calculation of loss of income: I+[(F/ 100)*I]-[(E*I)*B*C]
Income at the time of death = I;
Future loss of income = F;
Estimated Expenditure=1/3rd denoted as E;
Life Expectancy: B;
Currency Conversion: C;
c) This matter is presently pending adjudication before District Court,
Kolkota, India.
**************************

COMMONWEALTH MOOT COURT COMPETITION (FOR INDIA

AND BANGLADESH, PAKISTAN & SRI LANKA) 2014
14TH TO 16TH NOVEMBER 2014
CHANAYKA NATIONAL LAW UNIVERSITY, PATNA
NATIONAL ROUNDS
REGISTRATION FORM
Name of the Institution: National Law School of India
University_____________________________________
Address: Nagarbhavi, Bangalore ____________________
_____________________________________
_____________________________________
Telephone No.:9916327045, 9945705159 _____________________________________
Fax No.: _____________________________________
E-Mail: ____________siddharthbajpai@nls.ac.in, amansaxena@nls.ac.in
_________________________
Website: _______www.nls.ac.in______________________________
Draft Details _____________________________________

SPEAKER ONE
Name: _____________________siddharth bajpai ________________
Gender: __________________________________male___
Year of study: _________________________________2nd year____
Telephone/ Mobile No.: ________________________________9916327045_____
E-Mail: ____siddharthbajpai@nls.ac.in_________________________________
SPEAKER TWO
Name: __________________________aman saxena___________
Gender: ____________________________________male_
Year of study: ___________________________________2nd year__
Telephone/Mobile No.: _____________________________9945705159________
E-Mail: _____________________amansaxena@nls.ac.in________________
RESEARCHER
Name: ______________________________nayomi goonesekere_______
Gender: _____________________female________________
Year of study: ______________________4th year_______________
Telephone/ Mobile No.: _______________9945705159______________________
E-Mail: _____________nayoomi.g@nls.ac.in ________________________
OFFICIAL TEAM CONTACT
Name: _____________________________________
Designation: _____________________________________
Telephone No.: _____________________________________
E-mail: _____________________________________
ACCOMMODATION
Accommodation Required: Yes No
Date and Time of Arrival: __14.11.14___________________________________

Mode of Transportation: Train Bus Any other

Date and Time of Departure: _______________18.11.14______________________

Signature and Seal of the Head of Institution

Date
Place.
Last Date for Submission of Registration Form: 15-10-2014.