SAJIDAH SHAUKATH Vs. MESSRS ANAND DIAGNOSTIC LABORATORY

JUDGEMENT

(1.) S. M. Kantikar, J, 1.Fine-needle aspiration cytology (FNAC) is a simple, less time-consuming, safe, useful and highly accurate technique for breast masses and can segregate benign and malignant lesions with accuracy is achieved. However, the Triple assessment by clinical, radiological and pathological examination is a standard approach in the evaluation of breast lumps.

(2.) Brief facts are that on 9/12/2009 the Appellant/Complainant Mrs. Sajidah Shaukath, about 48 years of age underwent routine medical checkup at Santosh Diagnostic Centre, Bangalore. A small lump in her left breast was noticed and same was confirmed by scan/mammography. Thereafter, on 10/12/2009, she underwent Fine Needle Aspiration Cytology (FNAC) test at Anand Diagnostic Laboratory (Respondent No. 1). It was reported by Respondents Nos. 2 to 4 as 'no evidence of malignancy'. On the basis of mammography and FNAC report, the surgeon advised no further treatment as the lump was benign (not-malignant) and she relived of tension. The Complainant alleged that the small lump has apparently grown in size, therefore, on 2/4/2011, she underwent FNAC test again at Vertis Diagnostic Centre. It was reported as malignant in nature. Therefore an emergency mammography was done and mastectomy was advised. The FNAC slides were re-examined and confirmed that the report of the Opposite Party No. 1 was wrong.

(3.) The Complainant underwent left sided mastectomy on 16/4/2010 and her entire left breast along with the adjoining tissues were removed. She had to undergo 16 sessions of Chemotherapy for a period of 7 months which led to loss of hairs, immunity, and discoloration of skin. It was alleged that the wrong FNAC report was a root cause of the mastectomy, which otherwise could have been avoided and there was complete cure. She suffered great pain and stress, also incurred heavy expenses about Rs.4,50,000.00 due to the alleged negligence of the respondents. Being aggrieved Appellant filed a Consumer Complaint before the State Commission, Bangalore.