Chandigarh: Diagnostic centre told to pay compensation for giving false report

Ramkrishan Upadhyay

Chandigarh, March 28

The District Consumer Disputes Redressal Commission, Chandigarh, has directed Dr Shamer Singh Memorial Radio Diagnostic Centre, Sector 16, Chandigarh, to pay a compensation of Rs7,000 to a city resident for giving him a false report.

Kewal Krishan Kaul, a resident of Sector 38 Chandigarh, in a complaint, filed through counsel Tribhawan Singla, said after being advised by his family doctor, he visited the centre in September 2017 for a USG test for the whole abdomen.

He said after carrying out the test, the centre gave him the USG report on September 30, 2017, which showed that gallbladder had a normal outline with normal wall thickness.

He said he was shocked to see the report, because his gallbladder was already removed after the surgery at a hospital in Mohali way back in year 2014. He said his family doctor told him that the report was not in consonance with the medical record issued by Max Hospital. So, he advised him to get the USG test of the whole abdomen done from another diagnostic centre.

Accordingly, he got the test done from Batra Diagnostic Centre, Sector 5, Panchkula. The centre gave him the USG report on October 7, 2017, which showed that post-cholecystectomy, gallbladder was not visualised. He alleged that the report by the Sector 16 centre caused him mental agony and harassment and this act amounts to medical negligence and unfair trade practice.

The Sector 16 centre denied all allegations. It said the complainant should have brought the medical record of Mohali hospital and informed the history of his case to the examining doctor at the time when the USG of the whole abdomen was conducted.

The centre said after coming to know some typographical /clerical error in the report, the complainant deliberately did not bring this fact in their notice, which could have easily removed upon re-examination. The complainant deliberately remained silent on the report for long.

The Sector 16 centre said the complainant did not disclose as to what loss he suffered due to error in the report qua gallbladder. Moreover, it was clearly mentioned at the end of the report “Please correlate clinically”. Thus the report was not final and subject to opening and examination of the referring doctor concerned.

The centre also said after September 30, 2017, the complainant visited the centre several times proving him to be a regular visitor having faith in the competency of the centre and getting his examination done for various tests from time to time.

Pleading no deficiency in service and denying the rest of the matter, the centre prayed for the dismissal of the complaint.

After hearing the arguments, the commission held the Sector 16 centre guilty of deficiency in service. The commission said keeping in view the facts and circumstance of the case, the Sector 16 centre was directed to pay an amount of Rs7,000 to the complainant as compensation for causing mental harassment and thrusting litigation.