MEDICAL NEGLIGENCE

In Mauritius

HARASSMENT BY MEDICAL COUNCIL ON MY PERSON CONTINUES!

INCREDIBLE HARASSMENT CONTINUES 

…The complaint dates back in September 2018, and they inform me only now, 9 months later!

Harassed just because of this present site to defend victims & to-be-victims of Medical Negligence!

But, I continue with my duty, defending the victims…!

6

SIMPLY INCREDIBLE…

…How most doctors believe they’re above the law!

EVERY DOCTOR DESERVE THE APPROPRIATE PUNISHMENT FOR A GIVEN MEDICAL MALPRACTICE!

Doctors will no longer be able to hide behind their stethoscopes or scalpels!

Doctors in Jail!

GROSS MEDICAL NEGLIGENCE

THE MODERN WAY TO FIGHT MEDICAL MALPRACTICE

BRIEF DEFINITION:

Medical negligence happens when the medical practitioner fails to provide the care which is expected in each case thus resulting in injury or death of the patient. It can be any tort or breach of contract of health care or professional services rendered by a health care provider to a patient.

AN EXAMPLE OF GROSS MEDICAL NEGLIGENCE:

OUR BELOVED CHILDREN DIE BECAUSE THEY WERE NOT PROVIDED THE APPROPRIATE TIMELY MEDICAL CARE!

"HALF A DOCTOR IS A CRIMINAL!"

CAN JUSTICE BE DONE WITHOUT BIAS WITH REGARDS TO YOUR MEDICAL NEGLIGENCE CASE?

 NOW
  IT CAN!

CAN  YOU RECEIVE JUSTICE FOR YOUR MEDICAL NEGLIGENCE CASE AT the very MINIMUM COST?

NOW
YOU CAN!

CAN YOU RECEIVE THE DAMAGES YOU JUSTLY DESERVE FOR YOUR MEDICAL NEGLIGENCE CASE?

NOW
YOU CAN!

HERE ARE THE 5 ELEMENTS OF A NEGLIGENCE CLAIM

  • Duty:

A consideration in proving negligence is whether the Defendant owed a duty to the injured party. Many defined relationships require people to act in a certain manner. In certain situations, people owe to another a duty of care. In order to establish negligence, the first question in a court which must be answered is whether or not the person was required to exercise reasonable care in the circumstances involved. In a suit, the judge is empowered with deciding whether the Defendant had a duty of care in the circumstances. If a duty is found to be owed, the first element is established.

  • Breach of Duty:

Failing to exercise reasonable care in fulfilling a determined duty established as owed results in a breach of duty. This is not a determination of whether a duty exists, but rather to determine whether the establish duty was not exercised.

  • Cause in Fact (Causation):

The rules of negligence next require that the actions in question caused the tort. In other words, did the alleged actions lead to the injury suffered by the victim. The Claimant would be required to prove the injuries sustained by the Defendant’s negligent act caused the injuries leading to the legal action. Commonly the “But For” rule is used to establish causation. Ask yourself whether the harm suffered would have happened but for the actions of the target of your suit.

  • Proximate Cause:

To determine legal responsibility you must establish the most direct cause of the harm in question. In other words, what was the most direct action responsible for the injuries. A Claimant needs to be able to prove that the actions of the Defendant are the closest cause of the injuries sustained. The act which caused the harm should have been foreseen as to what would have resulted. For example: a party is not liable for injuries sustained resulting from actions taken as a result of an initial causation – an accident in the ambulance heading to the hospital would not have a proximate cause tied to the car accident which caused the emergency services to be called initially.

  • Damages:

Finally, the negligence laws require a legal harm to be proven. In other words, a Claimant in a negligence claim must show a harm was suffered in the form of personal injury or property damage. If a Defendant failed to exercise reasonable care in the circumstances – but no harm was suffered – legal negligence is not established. Actual damages to the person owed a duty of care must be established for a negligence claim to have merit in a court of law.

Someone once asked the following question with regards to most Mauritian doctors:

“Is there a relationship between doctors and spermatozoids?”

The answer was a very simple & direct one:

“Out of 3 millions, luckily one becomes human!”

In Simple Legal Terms these 5 Elements of a Negligence Claim are Expressed as Follows:

  • Duty:


    A duty of care owed by the Defendant to the Claimant.

  • Breach of Duty:


    The Defendant breached that duty.

  • Causation (Cause in Fact):


    An actual causal connection between the Defendant’s conduct and the resulting harm to the Claimant.

  • Proximate Cause:


    Relates to whether the harm was foreseeable by the Defendant.

  • Damages:


    Actual damages resulting from the Defendant’s negligent conduct.

HERE ARE 8 KEY REASONS THAT MAKE
YOUR MEDICAL NEGLIGENCE CASE A UNIQUE ONE?

1. THEY HAVE INJURED OR KILLED FREELY YOUR CHILDREN, YOUR  SIBLINGS OR YOUR PARENTS! 

2. YOU WILL NO LONGER SEE THE ONE YOU LOVED ALL YOUR LIFE BECAUSE OF A ‘FREE’ CRIME!

3. CAN ANYONE LOVE THE ONE YOU HAVE LOVED ALL YOUR LIFE MORE THAN YOU HAVE LOVED HIM / HER?

4. WHILE YOU ARE SUFFERING, THE CRIMINAL IS FREE AND DO NOT CARE AT ALL ABOUT YOU!

5. AND THE ONE YOU HAVE LOVED IS STILL SUFFERING, WHILE THE CRIMINAL IS NOT!

6. YOU CAN NOW OBTAIN SPEEDY JUSTICE FOR THE INJUSTICE DONE TO YOUR LOVED ONES!

7. IF YOUR LOVED ONE HAVE BEEN KILLED, WHAT WILL HE / SHE BE THINKING ABOUT THAT INJUSTICE?

8. THEY HAVE COMMITTED A CRIME, & LIKE FOR ANY CRIME, A PUNISHMENT MUST FOLLOW!

Introducing...

MEDICAL NEGLIGENCE
&
HOW TO OBTAIN SPEEDY JUSTICE!

We Are Prone To Saving Life First!

by

FIGHTING

ALL CASES

OF

MEDICAL NEGLIGENCES!

WHO ARE WE?

  • We are a team of Legal (Sollicitors & Barristors) and Medical (MDs, DES & Experts) Practitioners.
  • We are not greedy Medical or Legal Practitioners; we take the minimum fee to obtain justice for you.
  • You will have almost nothing to do; we do almost every step for you.
  • We are friendly and listen attentively to your claims.
  • We are available 24/24; your health and your life are of primary importance to us!

TO MAXIMIZE OUTCOMES, WE COMBINE IN ONE HAND BOTH OUR

MEDICAL EXPERT KNOWLEDGE

&

OUTSTANDING LEGAL EXPERIENCE

FOR ALL OUR MEDICAL NEGLIGENCE CASES, WE HAVE SOME BASIC DUTIES WHICH ARE:

MEDICAL NEGLIGENCE CONSULTATION FEE: Rs 1,500

  • Visit to our office and overview of the whole case (around 1 hour).

TASK A: [Rs 2,000]

  • Visit of the potential medical negligence victims in hospitals in case they (or their families) genuinely suspect medical malpractice.

TASK B: [Rs 2,000]

  • The recollection & gathering of Medical Events in chronological order by our Medical Team.
  • Analysis of the Medical History by our Medical Team.
  • Global identification of Medical Malpractice by our Medical Team.
  • Causation (Factual & Legal) analysis by our Medical & Legal Teams.
  • Brief analysis of evidences in favour of Medical Negligence by our Medical Team.
  • Brief evaluation of the strength of a Medical Negligence case by our Legal Team.

NB: We proceed to TASK C onwards only if the strength of the case is good.

TASK C: [Rs 8,000]

  • Application for Medical File with Consent Form by our Medical Team.
  • Deep Analysis of the Medical File by our Medical Team.
  • Gathering of solid evidences in favour of Medical Negligence by our Medical Team.
  • The Medical and Legal Preparation to the making of a Statement to the Police for the initiation of Criminal Case.
  • The redaction of a Formal Notice (Mise en Demeure) by our Medical and Legal Teams.
  • The serving of the Formal Notice upon the Defendants.

TASK C.2 (Optional): [Rs 6,000]

  • Being assisted by medical or legal team for Police Statement.

TASK D: [Rs 20,000]

  • Initiation of a Civil Case for damages.
  • The medico-legal redaction of the Civil Case Plaint by our Medical and Legal Teams.
  • The serving of the Civil Case Plaint upon the Defendants.
  • Complete follow-up of the case.
  • Establishing list of witnesses.
  • Summonning of witnesses.

TASK E: [Rs 10,000]

  • Medical Expert Services.

TASK F: [Rs 30,000]

  • Barrister Services for the whole case.

Extra Task (Optional): TASK G: [Rs 100,000]

  • Private Prosecution Services (in case Police, for any reason that it could be, do not investigate your Medical Negligence Case).

OUR PACKAGES

VIP

CALL US RIGHT NOW, DO NOT WAIT THAT IT IS TOO LATE! THERE IS ONLY ONE LIFE & THE LIFE OF YOUR LOVED ONES HAS NO PRICE!

In case you genuinely suspect that the cares offered to you or to your brother/sister, to your mother/father, to your child, to your grandparents or even to your friends, are not to the minimum standard of normal cares, call us, we will pay a visit to hospital, get the chronology of the medical acts (and events) and provide you with the directions to follow as from then on. In case of Medical Negligence, the following legal case will then be stronger. For our medical experts shall stand as witnesses for what they would have discovered and registered during these particular visits to hospitals.

YOU ARE OFFERED

  • TASK A

BASIC

Time left to lodge your case:

YOU ARE OFFERED

  • TASK B
  • TASK C

STANDARD

Time left to lodge your case:

YOU ARE OFFERED

  • TASK B
  • TASK E

ELITE

Time left to lodge your case:

YOU ARE OFFERED

  • TASK B
  • TASK C
  • TASK E

GOLDEN

Time left to lodge your case:

YOU ARE OFFERED

  • TASK B
  • TASK C
  • TASK D

PLATINUM

Time left to lodge your case:

YOU ARE OFFERED

  • TASK B
  • TASK C
  • TASK D
  • TASK E

DIAMOND

Time left to lodge your case:

YOU ARE OFFERED

  • TASK B
  • TASK C
  • TASK D
  • TASK E
  • TASK F

GROSS MEDICAL NEGLIGENCE

THE MODERN WAY TO FIGHT MEDICAL MALPRACTICE

BRIEF DEFINITION:

Medical negligence happens when the medical practitioner fails to provide the care which is expected in each case thus resulting in injury or death of the patient. It can be any tort or breach of contract of health care or professional services rendered by a health care provider to a patient.

AN EXAMPLE OF GROSS MEDICAL NEGLIGENCE:

OUR BELOVED CHILDREN DIE BECAUSE THEY WERE NOT PROVIDED THE APPROPRIATE TIMELY MEDICAL CARE!

IMPORTANT:

PLEASE BE AWARE THAT IF YOU OR YOUR FAMILY HAVE SUFFERED FROM MEDICAL NEGLIGENCE, YOU HAVE UP TO 2 YEARS MAXIMUM FROM THE DATE OF THE NEGLIGENT ACT TO LODGE A CASE IN COURT FOR DAMAGES.

Some of the Qualifications of Dr Maha Prakash RAMBARUN:

MD – Paris, France
MS – Surgery, St. Petersburg
Ayurvedic Medicine since 2004
LL.B, QLD – London, UK
Accredited Mediator – UK
Psychoanalysis – France

Frequently Asked Questions

A person is negligent when he or she fails to act like the standard “ordinary reasonable person”. Of course the critical issue in many cases is just how an “ordinary, reasonable person” was expected to act in the particular situation that caused the injury.

For example, an ordinary, reasonable person can travel down the Interstate, which has a posted speed limit of 80 Km per hour, at 80 Km per hour. However, if dense fog is present, the same ordinary, reasonable person would be expected to reduce his/her speed of travel. Suppose someone plows into your car while she was driving at 65 or 60 or 50? Would that be what the standard “ordinary reasonable person” should have done?

The determination of whether a given person has met his/her “ordinary reasonable person” standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.

Tort law is different from criminal law in that:

(1) torts may result from negligent as well as intentional or criminal actions; and

(2) tort lawsuits have a lower burden of proof such as preponderance of evidence rather than beyond a reasonable doubt.

In other words, Medical Negligence Cases are decided on a ‘balance of probabilities’ and not ‘beyond reasonable doubt’.

In the common law of torts, res ipsa loquitur (Latin for “the thing speaks for itself”) is a doctrine that infers negligence from the very nature of an accident or injury in the absence of direct evidence on how any Defendant behaved.

Comparative negligence comes into play when it is contended that two or more parties failed to perform at the standard of the “ordinary reasonable person”. For example, suppose one person was driving too fast in a patch of dense fog on the highway and hit a car — but the car that was hit did not have its lights on as it should have.

In a situation where each party has some degree of negligence in causing an accident, the responsibility to the other person(s) is reduced by the others’ degree of negligence. For example suppose a jury decides that the driver going too fast in the fog was 60% responsible for the accident, while the driver without vehicle lights on is 40% responsible. If the driver who didn’t have his lights on would have recovered Rs 1,000,000, his recovery would be reduced to Rs 600,000 because of his 40% contributory negligence. Whether the speeding driver would recover anything will depend on the law.

To support a legal claim for negligence, the Claimant (the person filing the lawsuit) must show four things:

  • That the Defendant (the person or entity being sued) owed the Claimant a duty of care;
  • that the Defendant failed to exercise due care towards the Claimant (i.e. breached the duty);
  • that the Defendant’s breach of duty caused the Claimant’s injury; and
  • that the Claimant suffered damages as a result.

In order for someone to be legally responsible for damages, it is necessary to show that the wrongful act was the proximate cause of the harm. The injury must be shown to be the natural and probable result or consequence of the act of negligence alleged to have been committed. The Claimant must prove that any negligence of which the Defendant is accused proximately caused the Claimant’s injury.

There may be more than one proximate cause of an accident. Multiple acts of negligence by different people may cause the same accident, yet each may be deemed to be a proximate cause of the accident. Sometimes there is an intervening cause which comes after the original negligence of the Defendant which may reduce the amount of the Defendant’s liability. If this intervening cause is the substantial reason for the injury, then the Defendant will not be liable at all.

Assumption of risk is a defense which a Defendant can raise which basically states that the Claimant has knowingly assumed the risk of the harm that was caused.  A fan hit by a basketball at a basketball game has assumed the risk of getting hit because it is a known danger that basketballs are thrown into the stands by players (when another player fails to make the catch) from time to time.  However, the doctrine of assumption of risk has been watered down by the doctrine of contributory negligence. 

For example, if a Claimant drives an automobile knowing his brakes are defective and he fails to stop at a road crossing and is there­fore hit by a bus, contributory negligence would be more appropriate than assumption of risk, although the Claimant could arguably be deemed to have assumed the risk of an accident by driving with defective brakes that he knew to be defective.

Volenti non fit iniuria (or injuria) (Latin: “to a willing person, injury is not done”) is a common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party.

Negligence is a term that means carelessness or a breach of an obligation. Negligence is used in general language to mean someone was unreasonably lax in fulfilling some obligation. If someone is negligent in the eyes of the law, he or she could face a civil lawsuit or even criminal charges.

Criminal Negligence

When a person breaches a legal obligation, or falls short of fulfilling an obligation, it is considered negligence. In some cases, a person is considered criminally negligent. For example:

  • A parent who leaves a two-year-old child alone in the house in order to go out to a bar and have a good time could face charges for criminal negligence. 
  • A person who drives 40 miles over the speed limit in a really dangerous way and who causes a car accident and injures someone could be charged with criminal negligence.
  • A person who breaks texting-and-driving laws and who is typing a text message when he or she gets into a car accident and kills someone could be considered criminally negligent. 
  • A nurse in a nursing home who forgets to feed a patient who needs help to eat, causing the patient to starve to death, could be considered criminally negligent.
  • A caregiver in a hospital who isn’t paying attention and who gives someone a deadly dose of a medication could be considered criminally negligent. 
  • A doctor who prescribes addictive drugs to a known drug addict because the doctor gets paid for his or her services could be considered criminally negligent.

Someone charged with criminal negligence could go to jail.

Civil Negligence

When a person is negligent or careless in a way that causes harm to someone else, the victim of the negligence can sue. This is called civil liability or civil negligence.

There are lots of examples of negligence that can lead to a civil lawsuit. For example:

  • Property owners who let steps to their house crumble and leave a railing unrepaired could be considered negligent if they invites friends over to their house and their friends trip on the railing and steps and hurt themselves. 
  • A restaurant owner who mops the slippery floor and doesn’t put up a “Wet Floor” sign could be considered negligent. 
  • A store that knows things get really out-of-control on Black Friday and who hosts a big sales event, encouraging a mob scene with no security, could be considered negligent. 
  • A doctor who operates on the wrong patient or on the wrong body part because he or she misreads the chart could be considered negligent. 
  • A company that releases a dangerous drug without fully testing the medication and identifying all of the side effects can be considered negligent. 
  • A driver who runs a stop sign and who drives well over the legal speed limit can be considered negligent. 
  • A person who owns a dog that he knows is dangerous and who takes the dog to the park where the dog bites a small child could be considered negligent. 
  • A lawyer who doesn’t really know how to prosecute a case but who takes the case anyway and doesn’t adequately represent the client can be considered to be liable for professional negligence. 

In each of these situations, a Claimant could file a lawsuit and obtain compensation if he or she can prove the negligence was the direct cause of some type of harm they endured.

If you have any queries, please write to us on: support@medicalnegligenceinmauritius.com

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