Dr. S.M. Kantikar, Member—Histopathology is the microscopic examination of biological tissues to observe the appearance of diseased cells and tissues in very fine detail. The word “histopathology” is derived from a combination of three Greek words: histos meaning tissue, pathos meaning disease or suffering, and. logos meaning study. Deviation from Standard is an act of omission committed by the pathologist. Because of the complex nature, surgical pathology diagnosis has an appreciable degree of fallibility and is increasingly subject to legal scrutiny. In litigation, the first practical step is to explain why and how this adversity could happen, and the second is the question of apportionment of responsibility and its legal consequences.

1. The complainant, Smt. Indu Ben was suffering from menstrual problems and consulted Dr. Pratibha Gupta in the month of October 1999. She performed dilatation and curettage (D & C) and the biopsy specimen was sent to petitioner/OP Dr. Sanjay Batra at his Dr. Batra Laboratory, Vadodara. The OP gave a histopathology report as, “Well differentiated Adeno carcinoma”. Thereafter, Complainant, went to M.P. Shah Cancer Hospital at Ahmedabad on 1.11.1