Relief to Pathologists - the method of testing, quality of test reagents differs place to place and thus the Test Results may differ. Adv. ROHiT ERANDE ©

Relief to Pathologists - the method of testing, quality of test reagents differs place to place and thus the Test Results may differ.

Adv. ROHiT ERANDE ©

Case Details :  

Before : Hon. NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI,     

REVISION PETITION NO. 1477 OF 2022

 (Against the Order dated 14/07/2022 in Appeal No. 624/2022 of the State Commission Uttar Pradesh)

ANIL VERMA V/s. DR. DEVENDRA TRAUMA & GENERAL HOSPITAL & ANR, MATHURA. 

BEFORE:  

  HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER

ORDER Dated : 20 Feb 2023

judgment Link :

http://cms.nic.in/ncdrcusersWeb/GetJudgement.do?method=GetJudgement&caseidin=0%2F0%2FRP%2F1477%2F2022&dtofhearing=2023-02-20


Brief facts :

1. On 17.01.2014, the Complainant – Anil Verma - the Patient  underwent few laboratory tests alongwith test for Hepatitis-B (HbsAg) in the Opponent Hospital -  "Dr. Devendra Trauma and General Hospital, Mathura." 

2. It was alleged that the Pathologist – Dr. Shikha Vyas informed HbsAg positive and demanded Rs.20,000/-. He informed that it was serious disease like AIDS and the treatment is available only in the OP hospital. Therefore, it was shock to the Complainant, his BP shot up and he suffered mental agony. 

3. It was alleged that as the patient could not deposit Rs.20,000/-, the OP Dr. Devendra Kumar referred him to RG Kar Medical College, Kolkata. !!  Immediately on 21.01.2014 the patient started his treatment at Kothari Medical Centre, Kolkata.  He underwent the test again and found that it was negative.   Thus, being aggrieved by the wrong report issued by the OPs, the patient filed a complaint before the District Forum, Mathura.

4.       The District Forum dismissed the Complaint. Being aggrieved, the Complainant filed the First Appeal before the State Commission, it was dismissed and hence he knocked the doors of the National commission.  

Held :

1.  On careful perusal of the record, it is evident that the OP performed the HbsAg test by HEPACHECK-the dipstick method.  The commission observed that it was the screening test only.  Thereafter, in Kothari Medical Centre, the patient underwent the test again.   The test was done by Q-Polychromatic Chain Reaction (Q-PCR) on 24.01.2014. The HBV DNA, HBeAg was negative. PCR is the most sensitive test for early detection of HBV status.  The test turned out to be negative. 

2. It was thus held that it should be borne in mind that the initial tests were performed by Card method at Kolkata, but the blood was tested by DNA technology (PCR), which gives most accurate results. Therefore, all the quantitative analysis hepatic viral markers for Hepatitis B & E were normal. 

3. The ld. Judge observed that in my view, the Complainant wrongly interpreted the test results. The method of testing, quality of test reagents differs place to place.  The card test has more chances of false positive result.  The PCR/ELISA are most sensitive than card method. In my view there was no negligence while performing the HbsAg test, it was conducted with controls as an accepted reasonable practice. 

4. The Hon’ble Supreme Court in the cases viz ‘Rubi (Chandra) Dutta Vs. M/s United India Insurance Co. Ltd.[2011 11 SCC 269] and ‘Sunil Kumar Maity vs. State Bank of India & Anr.’[Civil Appeal No. 432 / 2022 Order dated 21.01.2022]  held that the scope of Revision Petition is limited. Admittedly,  the concurrent findings of facts being noted, there was no any jurisdictional error, or a legal principle ignored, or miscarriage of justice, and hence the case was dismissed.

The Pathological findings are the basis for deciding any medical treatment. There are various modes and methods of the Tests and as observed by the hon. commission, the method of testing, quality of test reagents differs place to place. Indeed an important judgment .


thanks and regards


(Adv. ROHiT ERANDE)

Pune. ©


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