Consumer Forum penalizes patient for false allegations of overcharging against cancer surgeon, path lab

The case concerned a 37-year-old patient who approached Dr Parimal Lad owner of Yesha Super Speciality Hospital after he noticed a swelling in his tongue. The medical practitioner took a sample from the tongue and sent it for biopsy to Pooja Laboratory. The biopsy report confirmed the presence of cancerous cells.

Accordingly, the medical practitioner told him to undergo an operation urgently. However, the patient sought some time to arrange for bearing the cost of the surgery. The doctor explained to him about the entire expenditure for the operation and hospitalization and asked him to pay the bill once the surgery is done.

Convinced by the doctor, the patient got admitted and the surgery was conducted. During the surgery, doctors found cancerous cells in some portion of the patient's neck as well. Thus, they removed the cells from his mouth and neck both.

The operation was performed successfully and the patient was issued a bill of Rs 1.14 lakh for the treatment and Rs 18,795 for the medicines at the time of discharge.

However, the patient did not agree with the bill handed over to him and claimed that extra money was being charged from him. He alleged that he had given consent for surgery on his tongue, but the doctor removed a portion from his neck as well.

Thereafter, he moved the consumer court and submitted that he had suffered permanent disability on his right hand after the surgery. In his submission, he also dragged the owner of the path lab, Dr Narayani Bhatt alleging that despite paying Rs 1,000 for biopsy, Pooja Laboratory did not give him the report.

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Thereby, seeking Rs 3 lakh from the hospital for alleged medical negligence and Rs 1 lakh for his permanent disability. Besides, he also demanded Rs 25,000 from Pooja Laboratory for not providing him with the biopsy report.

Responding to the allegations, the doctor's advocate argued that the cancerous portion from the neck was removed to save the petitioner's life.

Times of India reports that examining the case, the consumer court subsequently rejected the petitioner's allegations against the doctor and the path lab. Moreover, it directed the petitioner to pay a penalty of Rs 20,000 to Pooja Laboratory for dragging it into the case as a party and damaging its reputation. The court noted;

"The complainant had taken advantage of the doctor's humanity and also has failed to prove that his permanent disability was caused because of surgery."