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Dheeraj SHah (manager)     03 July 2016

Wrong report given by labarotary

Hi. My wife was 32 week pregnant . We went for a test called torch profile. The lab a rotary gave the report the my wife is detected with rubella virus positive. Due to which doctors told that baby will be completely abnormal . Hearing this my wifemail and complete family went under immense depression. After couple of days we went to pune and got the same test done. But reports were suppose to come after a week. During the course my wife was so depressed which let to premature delivery. Baby was not breathing and was kept in NICU. After three days of delivery we received the report and it was rubella  negative. To reconfirm we even sent baby blood sample and even it turned down to be negative.  I am so anger with the first lab a rotary reports. I want to sue them for their negligence towards their work. I don't want others to suffer. I would have lost my baby if I had no money to spend on hospital expenditure which went up to 1 lac. Pl guide me what can I do now



Learning

 12 Replies

Kumar Doab (FIN)     03 July 2016

Without any hesitation and second thought approach avery able counsel specializing in  consumer cases.

 

You can also write to: 

State medical council, IMA, Directorate of Health and Family Welfare

 

1 Like

JustAdvisor (IT)     03 July 2016

the doctor appears at fault too (in fact more so). he/she should not have passed any judgment but prescribed repitition of test from a different labaratory. further it must corroborate with clinical diagnosis (ultrasound scans for instance). consider including the doctor too in your complaints if you have evidence.

Kumar Doab (FIN)     03 July 2016

Member JustAdvisor has posted well thought of and reasoned comments.

I appreciate.

I can post many favorbale decisions.

 

Some details are being sent to Member JustAdvisor and Querist @ Dheeraj Shah, for their own assessment.

 

 

Advocate Ram Prasad (Chief Lawyer)     04 July 2016

I can understand d immence pain d party has suffered there is a primafacie case of negligence on d part of d lab n d hosp for not cross veryfying. I am avoiding repitation of all said by above members as i agree. Go for a hefty claim under consumer law. As now a days public health n life is purely at the hands of pvt corporate labs n hosp n our govt hav prooved a failure / inadequate . We r handling similar case on a reputed hosp for @20 lac. More public awareness is needed in dis area to enable public to claim der rights as now bills are going in lacs. A health insurence cover is also a must these days..........Cell 91777-22930.

Advocate Ram Prasad (Chief Lawyer)     04 July 2016

I can understand d immence pain d party has suffered there is a primafacie case of negligence on d part of d lab n d hosp for not cross veryfying. I am avoiding repitation of all said by above members as i agree. Go for a hefty claim under consumer law. As now a days public health n life is purely at the hands of pvt corporate labs n hosp n our govt hav prooved a failure / inadequate . We r handling similar case on a reputed hosp for @20 lac. More public awareness is needed in dis area to enable public to claim der rights as now bills are going in lacs. A health insurence cover is also a must these days..........Cell 91777-22930.

Advocate Ram Prasad (Chief Lawyer)     04 July 2016

I can understand d immence pain d party has suffered there is a primafacie case of negligence on d part of d lab n d hosp for not cross veryfying. I am avoiding repitation of all said by above members as i agree. Go for a hefty claim under consumer law. As now a days public health n life is purely at the hands of pvt corporate labs n hosp n our govt hav prooved a failure / inadequate . We r handling similar case on a reputed hosp for @20 lac. More public awareness is needed in dis area to enable public to claim der rights as now bills are going in lacs. A health insurence cover is also a must these days..........Cell 91777-22930.

JustAdvisor (IT)     04 July 2016

Thanks for your appreciation Mr. Kumar.

Kumar Doab (FIN)     04 July 2016

@ Just Advisor,

You are welcome.

 

Kumar Doab (FIN)     04 July 2016

Member Adv. Ram Prasad is right.

You should succeed.

Without any hitch you may consult a very able counsel specializing in such matters.

 

Kumar Doab (FIN)     04 July 2016

NO comments on posts of Adv.Gonjare ( Now who has deleted his profile, and is appearing as....Member (Account Deleted).

 

He seems to have just copied and pasted from Google Search.

 

His objectionable comments were protsted by experts at another thread at:

 

https://www.lawyersclubindia.com/forum/Need-advise-on-nbw-against-wife-other-pws-in-498a-139113.asp

 

 

The members may join to protest such bad conduct.

 

 

Kapil Sethi (Director)     06 July 2016

You can file a case under the Consumer Protection Act 1986. But my friend be aware that justice delayed is justice denied. Normally because of the low man power in the court of law it will take quite a time to get justice and you may have to spend money in addition to what you have already spent. Will have to cross through the mental agony loosing your peace of mind. Our country is not yet fit for such cases. That is the reason people feel compelled for not going to the court of law and laboratories enjoy their hazardous attitude. But this is just a caution to prepare you mentally. I am otherwise of 100% favour for you to go to the court of law and get the laboratorty punished which will be examplory for others labs too. This will indeed be of help to the prospective mothers.

Kumar Doab (FIN)     07 July 2016

You may go thru:

 

Illustrative Redressal by Consumer Forum of Surendranager against an unqualified Lab Technician

https://www.creditreportservice.info/article/606320654/illustrative-redressal-by-consumer-forum-of-surendranager-against-an-unqualified-lab-technician/

 

Consumer forum directs lab to pay client for wrong diagnosis

Diagnostic lab fined for incorrect test report

https://www.thehindu.com/news/cities/Delhi/diagnostic-lab-fined-for-incorrect-test-report/article3489306.ece

 

If it is ISO certified lab then ISO accreditation standards (ISO 15189:2012) mandates the laboratory is responsible for its reports. 

Rest your counsel specializing in consumer matters shall do the needful.


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