Doctor, Hospital fined Rs 10 lakh for ignoring cancer diagnosis, not getting biopsy done

The hospital and the doctor contested the complaint by taking preliminary objections that the present complaint is an abuse of the process of law and moreover, the complainant has come to put before the Forum the record which he tampered, falsified and made to self serve his malafides i.e. tampered the foremost radiologist report dated 24.03.2014 which actually indicated that “No fluid/adbominal lymphadenopathy seen”; the initial word 'No' has been kept away from the Photostat machine and the print of the rest has been brought.

Further, they stated that there is no deficiency whatsoever in rendering the service on part of the doctor and the hospital and the wife of the complainant was safe and sound after the surgery, For the patient diagnosed with acute cholecystitis, the definitive treatment only was the surgical removal of the gallbladder and further submitted that the operation of the removal of the gallbladder was the need of the hour, which was conducted with extra care to be given to a patient having passed through incidence of coronary angiography and was suffering from Ischemic Heart Disease.

The court after going through all the records and submissions made by the parties, dealt in detail with the contention of tampered documents. However, it observed that the hospital and the doctor themselves in their submission had submitted some later ultrasounds of the patient acute cholecystitis and cholelithiasis and lymphadenopathy and Opular masses has been reported, which the doctor ignored.

The court held the parties guilty of ignoring the diagnosis and not getting the biopsy done. Quoting previous judgements of similar nature the court directed the hospital, to pay a compensation of Rs.10,00,000/- to the complainant within the period of 30 days from the date of receipt of the copy of order, failing which the said amount will be paid with interest @ 9% per annum from the date of filing complaint till realisation.