Medical negligence due to lack of reasonable care in duty to be followed by Radiologist and wrong reporting of USG leading to wrong diagnosis and resulting damage to patient. These cases fall in the category where doctrine of Res Ipsa Loquitur is applicable. NCDRC in this case also applies doctrine of vicarious liability and held hospital authority liable for medical negligence and awarded compensation in favour of complainant.

Role of expert opinion in such type of cases and partiality and cover up by colleague and role of forensic medicine expert has been accepted by the NCDRC in the facts and circumstances of the case.

This paper deals with ethical duties of radiologist in taking reasonable care in report writing. Complainant asked for 1.5 Crore compensation, but on the objection of opposite parties considered it as highly exaggerated compensation and awarded rupees fifteen lacks only.

There is need for introspection in larger public interest on the part of medical fraternity to give honest and unbiased opinion whenever occasion arises, in compliance to mandatory duty of unethical exposure of unethical conduct under regulations 1.7 of the medical council of India.    

This case also highlighted need for amendment in the MTP Act to raise the statutory limit of 20 weeks for termination of pregnancy to 24 weeks in line with recent judgment of the Hon’ble Supreme Court of India.