Abstract:

The brief facts are that Bimla Devi, (since deceased, ‘the patient’) initially consulted Dr. Kaushal Goyal of Rewari for swelling in her left breast. She was referred to Pathologist for Fine Needle Aspirations Cytology (FNAC).  The FNAC was performed by Pathologist-Dr. Gajendra Yadav (OP-3) and reported it on 6.1.2012.  It was diagnosed as cancer of the left breast.

Thereafter, the complainant with her husband contacted Dr. Ajay Aggarwal, (OP-1), who without doing any further examination, suggested her to undergo operation for removal of left breast alongwith tumor.  Accordingly, on 9.1.2012, OP 1 performed the surgery. OP-1 got done X-ray of chest and ultrasound after the operation and everything was found to be normal.

OP-1 has sent the specimen for histopathological examination (HPE) from Micro Path Labs.  The Micro Path Labs issued the report on 6.1.2012 (annexure C-10).  It was negative for cancer with clear remarks made at the end of the report as “Adjacent margins negative for tumour cell infiltration”. 

Issue of Diagnosis, Pathology report, Terminology and Interpretation of report, reputation of Surgeon, Pathologist were at stake.

Following questions need answers:

• Whether the patient had malignancy or not? 
• Why there is need for other test before operation?
• Is those test amounts to unnecessary investigations?
• Is there no need for trust/faith between doctor and patient?
• Who is responsible for such scenario?
• What is defensive medicine?

One of the Member of Bench of NCDRC was itself a pathologist