Suit For Damages Against Doctors For Negligence

Suggest Format of "Suit For Damages Against Doctors For Negligence"​

Note: This is a sample format/Draft of Suit for damages against Doctros for Negligence. For the actual drafting and/or customs designed & precise inputs you can touch us for online drafting based upon your inputs. This draft can be downloaded free and modified for contingent and urgent requirement.

 

BEFORE THE HON’BLE JMFC/CITY CIVIL COURT

_____________AT _______________, MUMBAI

Suit no.______ of 20_____

 

Mr. ABC S/o DEF                     )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )      

 ….…………Plaintiff

            Versus

 

Mr. XXX S/o YYY                      )

Aged about ……. Years,           )

Occ: Service/Business             )

R/o ________________         )

Mob: ………………………..            )     

…………Defendants

               

MAY IT PLEASE YOU HONOUR;

The Plaintiff abovenamed begs to states as follows;

  1. That the defendant is a medical practitioner, having his clinic at…………. Road in the town of……………….. and claiming to be a surgeon of a great repute and expertise.
  2. That the Plaintiff was suffering from severe pain in his stomach and on ……………….. consulted the Defendant who diagnosed that it was a case of appendicitis and needed immediate operation.
  3. That the Defendant demanded a sum of Rs…………….. as his fee for carrying out the operation and the Plaintiff paid the same to him.
  4. That on………… the defendant operated upon the Plaintiff under local anesthesia.
  5. That after about a week of the said operation, the Plaintiff again felt acute pain in his lower abdomen which gradually became almost unbearable and then he consulted surgeon at………………. Hospital at…………………….
  6. That the abdomen of the Plaintiff was X-rayed and it was found that a pair of scissors was inside the abdomen of the Plaintiff, which necessitated another operation on the Plaintiff for taking out the scissors.
  7. That before undergoing the operation at the hands of defendant, the Plaintiff had never any occasion to undergo an operation, and the pair of scissors was left in the abdomen of the Plaintiff on account of gross negligence of the defendant.
  8. That the Plaintiff has suffered damages to the extent of Rs……….. on account of the negligent act of the Defendant.

The details of the damages are given below:

(The full details of physical pain and mental agony, the expenditure on the second operation, loss of business, etc.)

  1. That in spite of repeated demands and giving of a notice by registered post with acknowledgement due, the defendant has not paid to the Plaintiff the aforesaid amount of damage which the Plaintiff is entitled to recover from the defendant.
  2. That the cause of action for the suit arose on……………. When the defendant negligently operated upon the Plaintiff at ………………… within the jurisdiction of this Court and this Court has got the jurisdiction to try the suit.
  3. The valuation of the suit for the purposes of jurisdiction and payment of court-fee is Rs……………… and ad valorem court-fee has been paid thereon.

The Plaintiff, therefore, claims the following reliefs:

  • A decree for Rs…………….., be awarded against the defendant and in favour of the Plaintiff.
  • The Costs of suit may be awarded to the Plaintiff.
  • Any other relief that this Court may deem just and proper.

                   

Plaintiff.

Advocate of the Plaintiff

V E R I F I C A T I O N

   I, …………………….., of Mumbai, Hindu, Indian Inhabitant, the Petitioner abovenamed, do hereby solemnly declare that what is stated in Paragraphs ..….. to…….. of the fore going petition is true to my own knowledge.

 

 Solemnly declared at Mumbai           )

Dated this       day of               , 20___)

  , 20                                                     )        

Plaintiff

 

Interpreted & Explained by me

 

 

Advocate for Plaintiff