OM PRAKASH TIWARI Vs. DIRECTOR, NAZRETH HOSPITAL

JUDGEMENT

(1.) IT is borne in mind that "to err is human and nobody is impeccable, not even the master of pathology". Rudolph Virchow who was known as "the father of modern pathology" erred in diagnosis of Squamous Cell Carcinoma larynx which caused untimely death of Emperor Frederick III of Germany.

(2.) THE relevant facts in this revision are; the complainant/ Petitioner Mr. O. P. Tiwari (herein referred as a "Patient") was suffering from an ulcer on inner aspect of right cheek ( mouth). On 26/8/2002 he consulted Dr. Ashok Aggarwal at Nazreth Hospital, Allahabad, the OP -1. Biopsy from the ulcer was taken, it's histopathology (HPE) was reported on 3/9/2002 by the hospital Pathologist, the OP -2 Dr. Rakesh Mishra, as "Well differentiated epidermoid carcinoma". Thereafter, on 4/9/2002 the patient consulted Dr. B. Paul, a cancer specialist,( OP -3 in the original complaint) at Kamala Nehru Memorial Hospital (KNMH), Allahabad. He advised Chemotherapy by injection 'Methotrexate' 50 mg for 4 weeks. Complainant took 1st dose of chemotherapy. Thereafter, for better treatment on 9/9/2002, the patient went to Rajiv Gandhi Cancer Institute and Research Centre, at New Delhi, where thorough check was performed and the HPE slides were reviewed and it was found that he was not suffering from cancer , the review report given was as "Pesudoepitheliomatous Hyperplasia with mild dysplasia". Hence, the treatment was stopped. The slides were again reviewed by Pathologist at KNMH, on 11/9/2002 which was opined as "No evidence of malignancy". Thus, under such confusion, he went to Dr.R.K.Dixit of J. K. Cancer Hospital at Kanpur, who advised fresh biopsy and review the slides again from Pragya Pathology , who reported it as negative for malignancy. Therefore, dissatisfied with several divergent HPE reports from different labs, he finally visited Dr. V. Bhattacharya at Varanasi, who performed excision biopsy of ulcer and sent for HPE study at Rastogi Diagnostic Laboratory where Dr.Rastogi reported it as "Leukoplakia with mild dysplasia" on 1/11/2002. Therefore, the patient filed a complaint before the District Forum, Allahabad alleging that, the OP -1 to 3 were committed deficiency in service and medical negligence.

(3.) THE District Forum allowed the complaint by holding OP -2 and 3 responsible for negligence and directed OP -2 and OP -3 each to pay Rs.2.5 lacs as compensation to the complainant and Rs.2000/ - towards cost.