Paper IV June 2011

1.
a) F.I.R.
b) Examination-in-chief, Cross-examination, Re-examination
c) Vicarious liability
d) District Consumer redressal forum
e) Informed consent in clinical trials
f) Distinction between limitation period for filing the suit in Civil Court claiming compensation and Limitation period claiming compensation in the District Consumer Forum

2.Explain the constitution of the Judicial agencies, their hierarchy, and pecuniary and territorial jurisdiction, and their powers under the Consumer Protection Act.
3. Can a patient who has suffered physical pain, mental agony and financial loss due to negligence of a government doctor working in a government hospital claim compensation? if so, in which Court/Forum? Explain with reference todecided cases.
4.Is a doctor accountable to any one or any authority/authorities? If so, what is his accountability? Explain in detail.
5. Explain how a magistrate proceeds with a case when charge sheet for commission of offence punishable under Section 304A IPC alleging that the patient died due to negligence of doctor in treatment, is filed in the Court by the Police after investigation into the case, from stage to stage till the trial in the case is concluded and the Judgment is pronounced.
6. On what merits and preliminary objections, a doctor may file his version (opposte party's version) in reply to acomplaint filed by a patient claiming compensation of Rs 5 Lakhs before the District Consumer Redressal Forum alleging Doctor's Negligence in treatment of the patient?