Case Study – Failure to
diagnose/wrong diagnosis amounts to Medical Negligence
By Mohit Popli
Advocate
Contents: This
article also contains the Arguments addressed by the Parties, Case Laws
Referred with Medical Literature
Rajmal Singh & Others Versus Dr. Madhu
Gupta & Others
Decided on 8th May 2014 By NATIONAL CONSUMER DISPUTES
REDRESSAL COMMISSION IN ORIGINAL PETITION No.
207 OF 2000
Intro:
The Complaint was filed in the year 2002, by Rajmal Singh, and his
5 minor sons. It was alleged that due to negligence of the Dr. Madhu, of
Navjeevan Hospital, and Dr. Atul Aggarwal, of Shivam Hospital, Smt. Krishna
Singh, wife of Complainant died. She died during the pendency of this case.
"That the incisional strangulated hernia is easily diagnosable by the patient’s symptoms and signs. At, first instance, in the month of May 1999, the patient was examined by Dr. Madhu, having acute abdominal pain. Again, on 14.08.1999, patient was presented with acute abdomen with sweating and vomiting. She has relied entirely upon the USG report. Even, by Per vaginal (PV) examination, she concluded as a case of torsioned ovarian cyst.
"That the incisional strangulated hernia is easily diagnosable by the patient’s symptoms and signs. At, first instance, in the month of May 1999, the patient was examined by Dr. Madhu, having acute abdominal pain. Again, on 14.08.1999, patient was presented with acute abdomen with sweating and vomiting. She has relied entirely upon the USG report. Even, by Per vaginal (PV) examination, she concluded as a case of torsioned ovarian cyst.
Hence, it is a case of failure to diagnose/wrong diagnosis."
