The National Consumer Disputes Redressal Commission (NCDRC) has called for “better coordination between the patient, diagnostic lab and the hospital.” The court has also observed that it is the patient’s primary duty to collect and share pending diagnostic reports with doctors.
The court set aside the Delhi State Commission’s order, which had previously found Vidya Sagar Institute of Mental Health & Neurology (VIMHANS) and an orthopaedic surgeon liable for medical negligence following a patient’s death from spinal cancer.
The patient was initially admitted with severe back pain and diagnosed with spinal tuberculosis based on clinical symptoms and MRI findings. A tissue debridement and biopsy were performed before discharge, and the patient was prescribed anti-tubercular therapy. Unfortunately, the histopathology report, which confirmed malignancy, remained unreviewed across four OPD follow-ups over three months. The patient’s family failed to collect and present it to the treating consultant. The malignant tumour was identified only when another attending doctor requested the report during a subsequent consultation.
The court noted that the doctor had acted in accordance with accepted medical standards, acknowledging that tuberculosis and malignancy frequently co-exist and mimic each other clinically and radiologically.
In absolving the hospital and the consultant of negligence, the court held that in outpatient (OPD) settings, the primary duty to collect and present pending diagnostic reports rests squarely with the patient and their attendants.
However, the court also expressed concern that the three-month operational gap, during which the biopsy report went unnoticed, was an administrative breakdown.
The judgment serves as a directive for hospitals to ensure proper coordination among diagnostic labs, doctors, and patients. Protocols must be in place to ensure that critical or high-risk reports are automatically flagged.