Chemotherapy given to non cancer patient: KGMU doctor slapped Rs 4.5 lakh compensation

The order was passed by Kheri district consumer commission chairperson Shiv Meena Shukla, and two members Dr Alok Kumar Sharma and Joohi Quddusi based on a petition filed by Rani Gupta (patient/complainant), a resident of Lakhimpur Kheri.

The case concerns a 45-year old woman, Rani Gupta who moved the district consumer commission alleging that the doctor, who was then an assistant professor at KGMU, wrongly gave three doses of chemotherapy for treatment of breast cancer, even though she had no cancer.

In 2007, the woman had undergone a surgery for a lump in her left breast at a private nursing home in the district. The tumour was detected when she underwent a fine-needle aspiration cytology test, a diagnostic procedure used to investigate lumps or masses under the skin.

After her discharge from the nursing home, the surgeon advised her to consult a senior doctor in KGMU, as a review report prepared by a private diagnostic centre said that she had "borderline malignant phyllodes tumor".

Earlier in 2004 too, the patient had gone for surgery to remove a lump from her left breast. But back then, after surgery, only a phyllodes tumor was found with no evidence of malignancy.

However, in December 2007, when the patient showed her medical reports at OPD in KGMU, the senior doctor who was then assistant professor in the department of radiotherapy, after getting further blood test, x-ray and ultrasound advised her to undergo chemotherapy.

Accordingly, the patient was admitted at KGMU and given chemotherapy between January 1 and January 3, 2008. She was asked for a follow-up in February.

Later, she took another opinion from senior doctors of a Mumbai-based cancer specialty private hospital on her slide and block (biopsy), where the doctors confirmed that she was healthy and had no sign of cancer. Aggrieved, the patient moved the consumer commission.

She claimed that after the chemotherapy started, her eyesight was affected and she suffered hair loss. She also claimed that she and her family had to face mental anguish after being told that she was suffering from cancer.

Deliberating the case, the Commission instructed KGMU to form a committee to probe the same.

Based on consumer commission’s instruction, KGMU formed a committee comprising chief medical superintendent of Gandhi Memorial and associated hospitals, HoD, Radiotherapy, KGMU, HoD, surgical oncology department, KGMU, and HoD endocrine surgery, KGMU.

The committee concluded that the senior doctor of the radiotherapy department conducted only blood tests, ultrasound and chest xray. No other investigation was done. To ensure if the patient has cancer or not, the best method is to get the slides and blocks reviewed by an expert pathologist, the committee added.

Based on the committee’s findings, the consumer commission has ordered the senior doctor to pay the compensation in a month.

Meanwhile, the professor is looking forward to challenge the order at an appropriate forum.

To view the original order, click on the link below: