BOMBAY HOSPITAL AND MEDICAL RESEARCH CENTRE 12 NEW MARINE LINES MUMBAI 400 020 Vs. SHARIFABAI ISMAIL SYED RESIDING AT 3/16 SYDAMHAN COMPOUND I R ROAD BYCULLA MUMBAI-400 003

JUDGEMENT

(1.) CAN a consulting doctor (radiologist) defend an apparent mistake in noticing a tumor on the basis of MRI film by contending that MRI was taken by a senior resident doctor, despite the fact that the said report is endorsed by the consulting doctor by mentioning that the tumor was at D10-11 position outside the spinal cord?

(2.) IN our view, such defence cannot be accepted. The consulting radiologist who signs the report is responsible for misreading or not reading/looking at the MRI film correctly. In such a case, this would be gross negligence. It is the duty of the consulting doctor to correct such errors.

(3.) IN this appeal it is the contention of the Hospital that only the Radiologist would be liable to pay the compensation because of negligence on her part. With regard to Neurologist, it is contended that he is no more.