In a significant ruling, the Uttarakhand State Consumer Disputes Redressal Commission has held that allegations of medical negligence must be supported by expert opinion, and that ultrasound scans alone do not amount to conclusive proof of medical error. The Commission set aside an order of the District Consumer Forum, Haridwar, which had directed a radiologist to pay over ₹11.5 lakh in compensation, holding that there was no credible evidence of negligence, and that the complainant failed to implead necessary parties or produce expert testimony.
Background of the Case
The complaint was originally filed by Smt. Renu before the District Commission, Haridwar, alleging that Dr. Manoj Singh, a radiologist at Haridwar Scan Centre, was guilty of medical negligence. The complainant gave birth on 22.04.2014 at Himalayan Hospital, Jolly Grant, and soon discovered that the child suffered from severe physical deformities, including absence or underdevelopment of the femur, lumbar spine, and sacrum, rendering the child unable to sit, stand, or move the lower body.
According to the complainant, she had undergone four 2D ultrasound scans during her pregnancy at the appellant's clinic, specifically on 14.10.2013, 19.12.2013, 03.03.2014, and 26.03.2014, all of which showed that the fetus was developing normally. However, an MRI conducted after birth on 23.04.2014 at Himalayan Hospital revealed serious defects. She further sought treatment at AIIMS, New Delhi and AIIMS, Rishikesh, where doctors allegedly remarked that such anomalies could have been detected earlier.
The District Commission held Dr. Singh guilty of negligence and awarded compensation of ₹8,00,000, ₹3,50,000 for mental and physical agony, and ₹10,000 as litigation cost—totalling ₹11,60,000 with 6% interest from the date of the complaint. Aggrieved by this, Dr. Singh preferred an appeal before the State Commission.