Ghaziabad doctor, insurance firm told to pay Rs 20,000 each to patient for wrong report
Dr Puja Garg of Ajanta Heart Care and Diagnostics was found guilty, because Anju Lata Rana was handed over an X-ray report with errors while filling up the description of the patient. Both parties — Garg and New India Assurance Company — have been directed to make the payment within 45 days of the judgment pronounced on May 27.
Garg was covered under a professional indemnity policy issued by New India Assurance Co Limited.
The indemnity insurance is a type of liability insurance that protects professionals (here a doctor) from financial losses and legal costs arising from professional negligence, errors or omissions during their practice.
Having heard both sides, DCDRC president Praveen Kumar Jain and member Shailja Sachan said Garg was "found guilty of deficiency in service", as the mistakes in every detail of the patient cannot be overlooked as mere typographical errors.
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The forum directed the insurer to bear the cost of Rs 20,000 charged on the doctor for deficiency of service. In addition, the erring doctor was asked to pay Rs 20,000 as compensation for litigation costs and the mental agony caused to the patient.
"The patient, Anju Lata Rana, was described as male instead of female, her age was entered as 26 years instead of 64, the date of reference was mentioned as Jan 1, 2016, instead of April 20, 2018, and the name of the referring doctor was mentioned as Anurag Singhal instead of Anil Rathi," the applicant informed the forum with copies of relevant documents to claim deficiency in service on the part of the diagnostic centre, particularly the doctor.
Rana also filed a complaint against the insurer (Meerut branch).
The forum agreed that since Dr Garg was covered under an indemnity policy, the insurer is duty-bound to bear the cost of Rs 20,000 charged on the doctor for deficiency of service. "In addition, Dr Garg should pay Rs 20,000 to the patient as the cost of litigation and mental agony caused to the patient," the forum ordered.
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