The central legal point established in the judgment is the consideration of medical evidence and expert opinions in determining medical negligence in diagnosis and treatment.

Mr. Justice P. Ramakrishnam Raju, President—The first complainant is the wife of second complainant and the complainants 3 to 5 are their children. She complained of acute pain in her knee joints. After conducting necessary tests Dr. G. Narasimhulu, Rheumatologist diagnosed that she was suffering from ‘Osteo Arthiritis’ of the bones and hence she underwent treatment for the said problem till 11.9.1997. Meanwhile she developed a painful lump in her left breast. Dr. Narasimhulu referred her to Dr. G. Suryanarayana Raju, Surgical Oncologist of oncology division of the opposite party, hereinafter called ‘the doctor’, who on examination advised her to have a Fine Needle Aspiration Cytology (FNAC) test for left breast. She accordingly underwent the test at the pathology department of the opposite party. The report was shown to the doctor on 17.9.1997 whereupon he advised her to have Mammogram of her left breast from Apollo Hospital, Jubilee Hills, Hyderabad. He advised her to get herself admitted as in-patient for operation of the breast. He also informed her husband that she was suffering from cancer of the left breast and that surgical intervention was necessary. Accordingly, she was admitted on 18.9.1997 and mastectomy was conducted on 19.9.1997 and her left breast was totally removed. The doctor furnished two reports of the Histo-pathology Department which did not record the existence of any cancer or carcinoma.

2. The first complainant became mentally wreck due to physical disfigurement for the loss of her breast and lost interest in life. The second complainant submitted FNAC slides pertaining to the first complainant’s Mastectomy to the National Institute of Nutrition for their opinion and the said Institute opined that there was no cancer and she was wrongly operated upon for Mastectomy as she suffered abscess in the left breast. Hence the complainant filed this complaint claiming a compensation of Rs. 20 lakhs.

3. In the written version filed by the opposite party, it is stated that after conducting necessary tests on the first complainant it was felt that the painful lump in her left breast be removed pursuant to the reports received in FNAC test at the pathology department of the opposite party. The doctor rightly advised the first complainant to have a Mammogram of her left breast from the Apollo Hospital, Hyderabad and on obtaining the consent of the first complainant and her attendants removal of her left breast was planned. The Director of NIMS obtained remarks from Dr. K.S. Ratnakar, Head of the Department of Pathology who justified removal of the breast. There is no negligence on the part of the opposite party hospital.

4. The first complainant was examined as P.W. 1 besides marking Exhs. A-1 to A-10. The opposite party also filed the affidavit evidence of its Executive Registrar besides marking Exhs. B-1 to B-26 which are the case sheet and the remarks submitted by Dr. Ratnakar.

5. The point, therefore, that arises for consideration is whether there is any deficiency in service on the part of the opposite party, if so to what extent ?

There is no dispute that the doctor examined the complainant on 12.9.1997 as seen from Ex. A-4. He noted there that the complaint of pain and swelling left breast. Painless slow growing. No nipple discharge. No family history of breast cancer. Left breast subareolar swelling. He advised mammogram. On 17.9.1997 FNAC was done and the report shows positive for malignant cells. The pathologist also commented that cellular (sic) show numerous neutrophils, foamy histiocytes, apocrine cells, multinucleate cells and a few anucleate squamous cells. There are cells with mitotic activity and the features are consistent with Carcinoma-breast. In view of this report the doctor advised mammogram as seen from Ex. A-4. It is also admitted in the complaint that the patient was advised to have mammogram of her left breast from the Apollo Hospital, Jubilee Hills, Hyderabad. The complaint is silent why