Notice Under Section 80, Code 0F Civil Procedure Against Public Officer
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Aditi TNotice Under Section 80, Code 0F Civil Procedure Against Public Officer
Uploaded by
Aditi TNOTICE UNDER SECTION 80, CODE 0F CIVIL PROCEDURE
AGAINST PUBLIC OFFICER
...................................
Advocate
...................................
...................................
Date............................
TO,
Shri ........................
Medical Superintendent,
....................... Hospital,
.......................
Re: Notice under section 80, Code of Civil
Procedure
Dear Sir,
Under instructions and on behalf of my client Shri...............resident of
....................... I hereby give you notice as follows:
1. On or about ....................... you were the Medical Superintendent of
....................... Hospital..........................and you were also the Head of the
Deptt. of Surgery of the said hospital.
2. Shri ................ was admitted to the said ................... Hospital on
................. for surgical operation for removal of stones in the kidneys
under your care and supervision and ................ was fixed the date of
operation of the said Shri ..................
3. When the said Shri ................ was being operated, you were personally
present in the operation theatre and doing the operation with the
assistance of junior doctors.
4. After removing the stones, you, while undertaking stitching, had
negligently, carelessly and willfully left a big piece of cotton inside the
body, due to which my client started to complain severe pain in the
kidneys for which you had prescribed some antibiotics on various visits.
5. When my client could not get treatment for his pain, he went to
....................... and consulted Dr. .................. of .............. Nursing Home
.................. who opined that there is some foreign element around the
kidney, for which my client was operated on .................. in ...................
Nursing Home and a piece of cotton was removed from inside the body
and after the removal of the cotton, my client had got relief from pain.
6. My client Shri.......................had to undergo physical and mental suffering
for the negligence, carelessness and mistake committed by you and he
had to spend lot of money for treatment of pain, which was caused due to
leaving the piece of cotton inside the body by you, while undertaking
operation for removal of stones in the kidney.
7. The said ................ therefore demands from you Rs................as damages
for physical and mental suffering, Rs........................as expenses incurred
by him in the operation and treatment, Rs. ................... as expenses
incurred by him in transport, hotel, etc. totaling Rs. ........... and I hereby
give you notice that if the said amount is not paid, the said .......................
will, on the expiry of two months from the date of service of this notice,
file a suit against you for the recovery of Rs. ............... as damages and
expenses incurred by him, at your entire risk as to cost and consequences.
Yours faithfully,
.......................
Advocate
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