3 days ago
Rajasthan Lok Adalat awards compensation after cancer-TB misdiagnosis
Lakshmi Sharma went to a hospital because she had stomach pain and other health problems.
Doctors suspected she had cancer and she received several chemotherapy treatments.
Chemotherapy is strong medicine used to treat cancer.
Her condition did not get better.
Later, doctors in Mumbai and Vrindavan found that she actually had tuberculosis, or TB.
She improved after receiving the correct TB treatment.
A Lok Adalat said the earlier treatment caused her physical and mental suffering and financial loss.
It ordered compensation of Rs 23,36,774, although it did not approve her entire claim.
The Permanent Lok Adalat awarded Lakshmi Sharma Rs 23,36,774 in compensation.
Sharma was reportedly treated with chemotherapy after cancer was suspected without confirmatory testing.
Later tests at Tata Memorial Hospital identified tuberculosis instead of cancer.
Her health improved after she began treatment for tuberculosis.
The court cited suffering and financial loss but rejected part of her medical-expense claim for insufficient documentation.
- Who
- Lakshmi Sharma, a Bharatpur resident, sought compensation from the hospital and doctors involved in her treatment.
- What
- The Permanent Lok Adalat ordered Rs 23,36,774 in compensation following chemotherapy reportedly given for suspected cancer when Sharma had tuberculosis.
- Where
- The initial treatment took place in Jaipur; later testing occurred at Tata Memorial Hospital in Mumbai and Shri Braj Seva Samiti Tuberculosis Hospital in Vrindavan.
- When
- Sharma visited the Jaipur hospital in October 2022; the order was passed on August 24, and TB was identified in January 2023.
- Why
- The court found that an incorrect diagnosis led to unnecessary treatment and caused physical, mental and financial suffering.
Lakshmi Sharma's Claim
Hospital and Doctors' Defense
Whether negligence occurred
Lakshmi Sharma's Claim
Sharma's case argued that chemotherapy was started after cancer was suspected without a confirmatory test, even though she had tuberculosis.
Hospital and Doctors' Defense
The hospital and doctors denied negligence.
Compensation amount
Lakshmi Sharma's Claim
Sharma sought Rs 95 lakh for medical expenses and mental, physical and financial losses, along with Rs 21,000 in litigation costs.
Hospital and Doctors' Defense
The hospital and doctors stated that only Rs 29,750 had been paid to the hospital; the court ultimately awarded Rs 23,36,774.
Medical expenses
Lakshmi Sharma's Claim
Sharma sought Rs 15 lakh for medical expenses.
Hospital and Doctors' Defense
The court awarded Rs 3,36,774 supported by bills and rejected the larger claim for insufficient documentary evidence.
Key facts
- Compensation awarded
- Rs 23,36,774
- Mental, physical and financial losses
- Rs 20 lakh
- Medical expenses awarded
- Rs 3,36,774, supported by bills
- Compensation sought
- Rs 95 lakh, plus Rs 21,000 in litigation costs
- Initial hospital visit
- Bhagwan Mahaveer Cancer Hospital in Jaipur, October 2022
- Later diagnosis
- Tuberculosis, confirmed through testing in Mumbai and Vrindavan
- Medical expense claim rejected
- The larger portion was rejected because documentary evidence was insufficient
Sources
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