PRABHAT KUMAR JAIN Vs. D U PATHAK

JUDGEMENT

(1.) THESE two cross appeals, one by the complainant and the other by opposite party no 1, are taken up together, and arise from the order dated 31.5.2007, passed by District Consumer Dispute Redressal Forum, Jabalpur.

(2.) THE case of the complainant, in brief, is that his wife Smt. Sunita Jain (hereinafter referred to as the patient), discovered a lump in her breast, for which they consulted opposite party No. 1, Dr. D.U. Pathak. After examination, the doctor assured them that it was an innocuous lump, which would be cured by a minor surgery, and that there was nothing to worry about. The surgery was conducted at Jabalpur Hospital and Research Centre on 3.5.2000. She was discharged the next day. Later, the doctor informed them that she had breast cancer. He further told them that it was in the primary stage and he had cured it, but if they wanted they could go to Tata Memorial Hospital, Mumbai. He gave a referral letter for the hospital. The complainant alleges that had he been informed that his wife was suffering from cancer he would not have had her treated at Jabalpur The complainant then took thepatient to Mumbai and had her registered at Tata Memorial Hospital on 11.5.2000. The doctors there informed them that the treatment at Jabalpur was incorrect. According to them Dr. D.U. Pathak should have first done a test and then removed the entire breast.

(3.) THE complainant further states that doctors at Tata Memorial Hospital told him they would remove the patient's entire breast. A second surgery was done at Tata Memorial Hospital on 25.5.2000. After the surgery they were informed that the breast had not been removed, only a further finishing of the previous operation had been done. The doctors also advised chemotherapy and radiotherapy. The patient started the chemotherapy and then went for radiotherapy. However, the radiologist told her to come after the chemotherapy was finished. After completing the chemotherapy they went to Tata Memorial Hospital again for a checkup. When the doctor asked them why they had not taken radiotherapy as advised, they told him that it was to be done after the chemotherapy. The radiologist and the doctor then conferred and decided that radiotherapy is not necessary. Some months later another tumour developed in the patient's breast. They again went to Tata Memorial Hospital, where they were told that the disease had reoccurred as radiotherapy was not done. A second surgery was performed and radiotherapy was given, but the patient's condition kept deteriorating and she died on 27.4.2003 The complainant alleges that despite their reminders, radiotherapy was not done, nor was the breast removed to prevent a recurrence of cancer.