Pathological Laboratory Penalised for Deficiency in Service

Background:

CERC, along with Mrs. Dipti Hitesh Shah, filed a consumer complaint against the Pathology and R.I.A. Laboratory of Green Cross Voluntary Blood Bank, Ahmedabad, following a misleading blood test report that caused serious mental distress to the patient and her family.

Mrs. Shah, suffering from severe abdominal pain, had been advised by her gynecologist to undergo a CA 125 blood test to investigate the possibility of an ovarian cyst. On 2nd July 2004, she submitted her blood sample and paid Rs. 700 for the test.

Incident:

The laboratory’s report alarmed Mrs. Shah and her family by suggesting the possibility of ovarian cancer. Suspecting a discrepancy, her gynecologist advised repeat testing at two other laboratories, both of which confirmed normal CA 125 levels, indicating no malignancy.

Mrs. Shah sought refund of the test fee and compensation of Rs. 20,000 for the mental agony and distress caused by the erroneous report. CERC intervened to advocate for consumer protection and accountability.

Forum Proceedings and Findings:

The Consumer Disputes Redressal Forum, Ahmedabad City, found the laboratory guilty of serious negligence and deficiency in service, noting:

“The Opposite Party has acted most irresponsibly without any sense of accountability, inflicting very serious mental and psychological agony and distress on the complainant by indirectly declaring her as a cancer patient.”

The Forum emphasized that life-saving diagnostic laboratories must exercise utmost care, diligence, and responsibility, and that failure to do so warranted exemplary compensation.

Orders Passed by the Forum:

The Forum directed the laboratory to:

• Repay Rs. 700 to Mrs. Shah, with 9% interest from 2nd July 2004 until realization.
• Pay Rs. 50,000 as compensation for mental agony and distress.
• Pay Rs. 10,000 towards cost of proceedings.
• Pay Rs. 5,000 to CERC towards the cost of representation.

Significance of the Judgment:

This case set an important precedent in holding diagnostic laboratories accountable under the Consumer Protection Act for negligent reporting of medical tests. It highlighted that erroneous or misleading medical reports can cause serious mental, emotional, and psychological harm, and that such negligence must be compensated appropriately.

The judgment reinforced the principle that consumer rights extend to healthcare and medical services, and that service providers are legally obliged to ensure accuracy, reliability, and accountability in life-saving tests.