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Bengaluru: A Bengaluru consumer court has found a private hospital, an internal medicine consultant, a radiologist, and a diagnostics centre guilty of negligence in diagnosing a man with advanced lung cancer.
The court ordered them to jointly pay Rs 1 lakh as compensation and Rs 10,000 towards litigation costs to the man's family.
The patient, a resident of HAL Central Township in Yemalur, was admitted to a hospital on HAL Old Airport Road on May 21, 2021, after complaining of bloody sputum. Despite his symptoms, neither a chest X-ray nor a CT scan was done. He was discharged four days later.
Following advice from another doctor, his family sought a CT scan at a diagnostic centre in Varthur, but the findings were allegedly not accurately reported. On June 15, 2021, he was admitted to another hospital, where stage IV lung cancer was diagnosed. He passed away on June 27, 2021.
His wife filed a complaint with the III Additional Bengaluru Urban District Consumer Disputes Redressal Commission in January 2022, alleging negligence in timely diagnosis and seeking compensation.
During the hearing, the advocate representing the hospital argued that the man had tested positive for Covid-19 before admission and underwent sputum tests, which showed no signs of severe complications. The hospital claimed a chest X-ray was conducted on May 22, 2021, showing infection. However, no evidence of the X-ray was submitted, and only a shoulder X-ray was available.
The advocate representing the diagnostic centre contended it could not be blamed as it lacked access to the patient’s medical history and argued that detecting stage IV cancer via a CT scan alone was "impossible".
Court ruling
The court ruled that the hospital and consultant failed by not conducting appropriate scans despite symptoms. Also, the diagnostics centre and radiologist were negligent in not reporting the detection of a "large right hilar mass lesion" to the family.
The four parties were jointly held accountable and ordered to pay Rs 50,000 each as compensation to the family and Rs 10,000 towards litigation costs.