DR. SANJAY J. BATRA 102 SAMRAT CHAMBERS,OPP MADHYAVARTHI SCHOOL, JYOTI VIDHYALAYA LANE, DANDIA BAZAR, VADODARA GUJARAT Vs. JAGRUT NAGRIK & ORS.

JUDGEMENT

(1.) Histopathology is the microscopic examination of biological tissues to observe the appearance of diseased cells and tissues in very fine detail. The word "histopathology" is derived from a combination of three Greek words: histos meaning tissue, pathos meaning disease or suffering, and. logos meaning study. Deviation from Standard is an act of omission committed by the pathologist. Because of the complex nature, surgical pathology diagnosis has an appreciable degree of fallibility and is increasingly subject to legal scrutiny. In litigation, the first practical step is to explain why and how this adversity could happen, and the second is the question of apportionment of responsibility and its legal consequences.

(2.) The District Forum allowed the complaint and directed the OP to pay lump sum amount of compensation of Rs.1 lakh with interest @ 9% per annum from 4.5.2001 till realisation.

(3.) Aggrieved by the order of the District Forum the complainant filed appeal before the State Commission, Gujarat for enhancement of compensation. Opposite parties also filed first appeal before the State Commission for dismissal of complaint. The State Commission dismissed both the appeals.