Chennai: The District Consumer Disputes Redressal Forum, Chennai (North) slapped a fine of Rs 54,000 on a scan centre for issuing a wrong scan report to a woman relating to her pregnancy. In the petition, M. Backiyalakshmi of Ambattur submitted that she has a 3-year-old son. In first week of March 2014, she had conceived again. Due to financial problems, she wanted to terminate the pregnancy and consumed birth control tablets — Mifepristone and Misoprostol to terminate the pregnancy. However, she developed pelvic pain. On March 7, 2014, she consulted Dr C. Meenambal, who referred her to Gemini Scans (P) Ltd., Mogappair for taking U.S.G. pelvis scan test. The centre gave a report stating that she had ‘no evidence of retained products of conception’.
On recommendation from Dr Esther Isaac, she underwent a test at Medall Precision Diagnostics, Kilpauk, which reported that she had ‘retained products of conception’ and she was pregnant. She issued notice to Gemini Scans for giving a wrong scan report.
In its reply, Gemini Scans denied the allegation and stated that she had not presented any material on record in support of her case that she was 20 days pregnant as on March 7, 2014. There was gap of 42 days between the first and second report. Therefore, the result may show a discrepancy. Gemini Scans gave the report based on actual image calculations as on March 7, 2014 and it may differ from report as on March 18, 2014.
In its reply, Medall Precision Diagnostics, submitted that she filed the petition against Gemini scans. As such, the Medall Precision is neither a necessary nor a proper party in the present proceedings. There is no defect found in their scan report and hence the centre had not committed any deficiency in service.
The bench comprising president K. Jayabalan and member M.Uyirroli Kannan said that the scan report issued by Gemini Scans was signed by Dr A. Parveen, who completed M.D and PG Diploma in Medical Radiology and Electrology. He was not a qualified radiologist and therefore the report furnished by him is a wrong report. Hence we hold the Gemini Scans committed deficiency in service in furnishing a defective report to her, due to which she suffered mental agony. The bench directed Gemini scans to pay a compensation of Rs 54,287 to her for causing mental agony and cost.
