Can I sue the radiologist for missing a diagnosis?
We had an anomaly scan at 20 weeks of pregnancy, during which the radiologist reported everything as normal. However, at 34 weeks, we had to undergo an emergency delivery due to absent fetal movement. After delivery, we discovered that the baby did not have an anal opening, which should have been detected in the anomaly scan, but the radiologist did not check for it. Following delivery, the baby had lung and heart issues and unfortunately died 4-5 hours later. If the anomaly had been detected in time, we would have had the option to terminate the pregnancy, and my wife would not have had to undergo a C-section or experience this mental trauma. Can I file a case against the radiologist for not detecting the imperforate anus in the anomaly scan, and how much compensation can I claim?
Yes. You can recover against the radiologist and the hospital on under BNS for death caused by negligence - for failing to diagnose imperforate anus, which is an anomaly detectable during an anomaly scan at 20 weeks. Since patients are consumers, compensation can also be sought under the Consumer Protection Act, 2019. Medical negligence claims generally require expert testimony to establish that the radiologist breached the standard of care. Compensation, however, is dependent on the extent of negligence; the mental trauma endured; and medical expenses incurred, which consumer courts often give considerable sums upon proven cases of negligence.
If it is determined by a judge or jury that the diagnostic error committed by a defendant-radiologist was the result of negligence, in other words, a breach of the standard of medical care, the radiologist will be held liable and compensation will be awarded to the plaintiff-patient.
Sir, if you believe there was negligence, you can file a formal complaint with the medical board or authority governing the radiologist's practice. You can also file a civil suit in court of law against the radiologist for medical negligence and can claim compensation for medical expenses, emotional distress, and loss of companionship. For further legal assistance contact us on our helpline number.
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