N LAKSHMINARASIMHAIAH & ORS Vs. MEDICAL ADMINISTRATOR, RAVI KIRLOSKAR MEMORIAL HOSPITAL & RESEARCH CENTRE & ORS

JUDGEMENT

(1.) SMT . M.P. Balamani, then 31 years in age, her husband and their four minor children had filed complaint No. 114 during 1995 alleging medical negligence by OPs seeking a compensation of Rs. 10 lacs before the Karnataka State Consumer Disputes Redressal Commission, Bangalore (for short 'the State Commission'). During the pendency of the complaint Smt. Balamani expired on 14.2.1997 whereafter the complaint was pursued by the deceased's husband on his own behalf and on behalf of the four minor children as their natural guardian.

(2.) THE case of the complainant is that on noticing a lump in her left breast and unable to breast -feed the three month's old last child. Smt. Balamani approached Dr. Srikant (respondent/OP No. 2) of Ravi Kirloskar Memorial Hospital and Research Centre (Respondent/OP No. 1) who admitted her as indoor patient on 17.10.1994. Dr. Shrikant after examination advised her to undergo biopsy. It appears that his hospital did not posses the facilities for pathological examination and, therefore, he referred the parafin blocks and slides of the biopsy to Bangalore Hospital respondent -opposite party No. 3 for their expert opinion. Dr. T. Vasudeva Rao, respondent -opposite party No. 4 of Bangalore Hospital gave the histopathology and cytology report stating, (a) sclerosing adenosis, post inflammatory state; and (b) terminal ductal hyperplasia; meaning thereby that the lump/growth was not cancerous but only an infection. Based on this report Smt. Balamani was prescribed antibiotic for controlling infection by respondent/opposite party No. 1, Ravi Kirloskar Hospital and she was discharged on 20.10.1994. On 25.10.1994 when she came to the hospital for removal of the sutures, a swelling was noticed in her left arm and she was advised higher antibiotics which was directed to be stopped after a few days. The condition, however, continued to worsen and on the advice of their well wishers, the complainants approached Kidwai Memorial Institute of Oncology who asked her to secure the paraffin blocks and slides which were examined at Bangalore Hospital - respondent No. 3. Complainants managed to obtain the paraffin blocks and slides from Bangalore Hospital on 30.11.1994 and handed them over to Kidwai Memorial Institute who after examination on 3.12.1994 diagnosed the ailment as Invasive Ductal Carcinoma Grade III of the breast, a full -fledged malignant cancer of the breast.

(3.) ALLEGING that Bangalore Hospital respondent - opposite party No. 3 and in particular Dr. T. Vasudeva Rao respondent - opposite party No. 4 negligently failed to properly diagnose the ailment of breast cancer which was established as such from the same specimen by Kidwai Memorial Institute, the complainant submitted before the State Commission that had respondent/opposite party No. 4 given the correct diagnosis it would have been possible to remove the cancerous growth in the left breast at that time which would have prevented proliferation to lymph nodes and neck region endangering the life of the patient.