Telangana doctor to pay Rs1 lakh compensation for false HIV positive report to patient
Hyderabad: In view of medical negligence and deficiency of service on the part of a Nizamabad-based doctor, the District Consumer Disputes Redressal Commission directed the medical practitioner to pay Rs 1 lakh compensation for delivering a wrong diagnostic report to a patient without conducting a confirmative test and falsely declaring her HIV positive.
The genesis of the case goes back to November 30, 2013, when the patient took admission to the hospital due to stomach ache. After three days, the doctor informed the patient that she was suffering from multiple infections and needed to undergo surgery. In this regard, certain tests were taken at one of the diagnostic centers as instructed by the medical practitioner.
Soon the test reports arrived and the patient found that the results showed her HIV-positive. Suspecting the authenticity of the report, the patient got herself tested at two different diagnostic centers where it was found that she was HIV negative.
Owing to the blot on her social reputation and mental agony due to the wrong test report, the patient went into depression and was undergoing psychiatric treatment. She claimed that she had to bear the cost of therapy and it was due to the alleged negligence of the doctor.
Consequently, the patient served a legal notice to the diagnostic center and sought a compensation of Rs 2 lakhs. However, she did not receive any response from them. Thereafter, she approached the consumer commission.
Responding to the complaint, the respondent doctor accepted that he had asked the patient to go through a surgery. However, he argued that it is incorrect that one of the test reports of his hospital showed that the patient was having HIV REACTIVE.
The doctor alleged that the report was fabricated by her. He further added that the report does not bear his signature, and the test report is created by her men to blackmail him.
He denied having any idea regarding the HIV reports of the other two diagnostic centers, neither was he aware of the issuance of the legal notice, he claimed. He contended;
"There is no dispute so the point of settlement does not arise and the opposite party is not liable to pay an amount much less Rs.2,00,000/-. The complainant filed this false complaint to extract the amount from the opposite party."
"the false HIV +ve report was delivered without conducting 8 confirmative test, causing mental shock to the complainant and her family members, whereby the patient went into depression which further caused mental stress to complainant and blot in the society leads to medical negligence and deficiency of service on the part of the Doctor as such, the complainant is entitled to receive compensation of Rs.1,00,000/- from opposite party Doctor which includes costs of tests conducted by opposite party Doctor, other Pathologists at various places, visits, and treatment by Psychiatrists, etc."