CHANDIGARH CLINICAL LABORATORY Vs. JAGJEET KAUR

JUDGEMENT

(1.) Petitioner was the opposite party before the District Forum, where the respondent/complainant had filed a complaint alleging medical negligence on the part of the petitioner.

(2.) Very briefly stated the facts of the case are that the complainant Mrs. Jagjeet Kaur was taken to the petitioner laboratory for getting her blood-group checked up and the report was given of her having blood group AB+. The blood-group report was required as she had been advised blood-transfusion, for which she was transferred to GGS Medical College and Hospital, where again blood sample was collected and it gave a report of the complainant's blood belonging to AB(-). It is in these circumstances, a complaint was filed before the District Forum alleging 'medical-negligence' who after hearing the parties and perusal of material on record, directed the petitioner to allow the complaint and directed the petitioner to pay a compensation of Rs. 25,000 along with cost of Rs. 2,000. Aggrieved by this order, an appeal was filed before the State Commission, which was dismissed, hence this revision petition before us.

(3.) We heard the learned Counsel for the petitioner and perused the material on record. The basic facts are not in dispute but it is plea of the petitioner that firstly, the clinical tests are not always 100% correct and secondly, no loss was caused to the complainant due to the error in the report given by the petitioner. After hearing the learned Counsel for the petitioner one has to only understand what duty of care the doctor/pathologist owes to the patient. This question has been gone into by this Commission and several judgments of the Hon'ble Supreme Court and House of Lords. Relevant rule of "Halsbury's Laws of England - Vol. 26 (3rd Edition) Pages 17-18" reads as under :