ANOOP AWASTHI Vs. T. KATARIA AND ORS.

JUDGEMENT

(1.) In 1954, Lord Denning in Roe v Minister of Health, 1954 2 QB 66, said:

(2.) The treatment given at OP/hospital resulted in further deterioration of the condition of patient. Since the wife of patient had doubts, she went to AIIMS on 10.2.2000. The doctors expressed doubts over the diagnosis of cancer. They suggested x-ray, PCR study. The X-ray chest confirmed that the patient was suffering from military mottling predominantly in both lower zones and hilar lympadonpathy, which is suggestive of pulmonary Kochs(TB). The report of AIIMS was that the patient was not suffering from cancer. Therefore, treatment for TB was started and patient was discharged on 6.3.2000, with follow-up instructions. The patient showed improvement in his health.

(3.) Therefore, complainant alleged that the OP hospital were negligent in not conducting PCR test and not examined the X-ray properly. OP-1 hurriedly took a decision to treat the patient as a cancer. The patient's deterioration was due to radiation, which may regain normalcy for more than four to five years. Due to wrongly administration of radiotherapy in the case of tuberculoma of brain, the patient became handicapped and still he is undergoing treatment at AIIMS and consuming costly medicines regularly. Hence, complainant filed the complaint for the negligence and deficiency in service against the OP to the tune of Rs.21,07,104/- alongwith 18% interest. The complainant has filed affidavit evidence, medical record and relevant medical literature on tuberculosis and oncology. Defense: