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Private lab told to compensate patient for giving wrong reports

Consumer forum directed Private lab to compensate patient for giving wrong reports of Hepatitis C.

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It must have been a lot of worry for Goregaon resident MN Nambidi when a private laboratory gave him blood test reports that said he had Hepatitis C. But anger must have followed soon after when, on seeking a second opinion, he found out that he was given the wrong reports.

The district consumer forum has directed Dr MR Phadke of Adarsh Poly-Clinic Laboratory and a director of Metropolis Clinical Laboratories to pay Nambidi Rs11,675 for the error, and also for not informing that a third party would conduct the blood tests. They have been told to pay the compensation with 9% interest from 2007, and Rs15,000 for mental agony caused to him and the cost incurred on litigation.

The forum said, “Dr Phadke’s contention that the complainant was informed right at the start that the HCV Igm test would be done at Dr Lal’s lab and not at his is false as there is nothing on record to support this.”

“On reading the report, any patient who understands English, will think that the one whose name is in the report has Hepatitis C virus,” it added.

As per a complaint on August 6, 2007, Nambidi, who had a stomachache, consulted Dr Vasant Nagvekar for medication. Nagvekar sent him to Phadke for getting the tests done. Phadke charged him Rs16,826, but allegedly took just the blood samples and sent them to Metropolis for testing. However, Metropolis allegedly didn’t bother to test the samples either and sent them to some other laboratory.

Nambidi, who was under the impression that the reports would come from Phadke, was shocked to receive them from Metropolis, and even more so when he saw that the report for HCV (Hepatitis C virus) Igm read ‘reactive’.

Suspecting the diagnosis to be incorrect, Nagvekar then sent Namdani to Lilavati hospital for re-testing. The test there proved Nagvekar right.

Namdani visited Phadke with the Lilavati hospital report and sought reimbursement. When Phadke refused to do so, Namdani lodged a complaint with the forum.

In his reply, Dr Phadke denied the allegations of any deficiency in service. He said the compensation called for trauma was exaggerated and not quantified logically. He added that certain samples from his lab are sent for processing to Metropolis. The HCV Igm is one such sample. Namdani and Nagvekar are aware of this, Phadke said, adding that the real reason for filing the complaint is extortion.

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