Case nº First Appeal No. 144 Of 2009, (Against the Order dated 02/01/2009 in Complaint No. 91/2000 of the State Commission Punjab) of National Consumer Disputes Redressal Commission, October 06, 2016 (case 1. Bahadur Singh 2. Gurojit Singh Vs Dr. H.S. Bajwa and Anr. 2. Dr.(Mrs.) Anju Bhandari)

JudgeFor Appellant: Mr. Rajat Sharma, Adv. and For Respondents: Mr. Ashok Mahajan, Advocate and Mr. O.P. Sharda, Advocate with Ms. Kamini Sharma, Advocate
PresidentDr. B.C. Gupta,Presiding Member
Resolution DateOctober 06, 2016
Issuing OrganizationNational Consumer Disputes Redressal Commission


  1. This appeal has been filed under Section 19 read with Section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order dated 2.01.2009, passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (hereinafter referred as the ''State Commission'') in Consumer Complaint No.91/2000, filed by Smt. Raj Ravinderpal Kaur (now deceased), alleging medical negligence against the opposite parties (OPs) doctors, during her treatment in a case of breast cancer. The said Smt. Raj Ravinderpal Kaur died during the pendency of the litigation and her legal representatives were brought on record.

  2. The facts of the case are that Raj Ravinderpal Kaur had gone to OP-1, Dr. H.S. Bajwa at his Nursing Home, called the Bajwa Surgical and Maternity Nursing Home, G.T. Road, Khanna, Distt. Ludhiana (Punjab) on 9.3.2000 and got herself medically examined, as she had pain in her right breast. The OP-1 advised her for removing the lump due to mastitis from her right breast and also asked her to bring medicines for the said operation. On the next date, i.e. 10.3.2000, she was operated upon by OP-1, who removed the lump and asked for biopsy study. After the said operation, the complainant was discharged on 10.3.2000 itself, and the samples were given to her to take them to the Laboratory of OP-2, Dr. Anju Bhandari at Chandigarh. As per the report, bearing no.51/2K dated 15.3.2000, issued by Dr. Anju Bhandari, OP-2 of Navjeevan Clinical Laboratory, Chandigarh, only plasma cell of mastitis had been mentioned and no features of cancer were indicated. However, the complainant went to the OP-1 a number of times and complained about pain in her right breast. In the third week of May 2000, when her condition worsened, she got herself checked up at the Postgraduate Institute of Medical Education and Research, Chandigarh (PGI), where she was subjected to FNAC (Fine Niddle Aspiration Cytology) test, on 25.5.2000. She received report on 29.5.2000, in which it was revealed that she had cancer in her right breast. On 29.5.2000, the complainant visited OP-2 Dr. Anju Bhandari and requested her to hand over the block and slide, numbered as 51/2K for review at the PGI Laboratory. The said review was done at the PGI and report dated 31.5.2000 was issued by them, in which it was stated that the said sample also indicated the presence of cancer. Thereafter, she was operated upon at the PGI and her right breast was removed. The main allegation levelled by the complainant is that if proper report had been given by the OP-2 in the very beginning, the said operation could have been conducted earlier, which would have saved her from suffering physically, mentally as well as monetarily and her life would not have been reduced. It was also alleged in the complaint that the OP-1 was guilty of medical negligence, as he did not make any pre-investigation (surgical) tests i.e., (a) Mammography (b) ultrasound test and (c) FNAC test. The complainant stated that these tests easily show the presence of cancer and are totally safe methods, as they do not cause cancer to spread. The FNAC test is called pre-investigation, which could confirm the cancer and is very accurate. These tests are known as triple assessment and are essential for coming to the conclusion, whether a person has cancer or not. On the other hand, the OP-1 directly operated upon the patient by adopting most invasive...

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