Srl Diagnostics Lab — cancer wrong report

Address: Thane, Maharashtra

R s legal consultants
114, saurabh building, mody estate, opp. Chiragnagar police station,
Lbs road, ghatkopar (West), mumbai – 400086.
Email : [protected]@gmail.com mobile no : [protected]
[protected]@gmail.com office no :[protected]
To,
1. Srl diagnostics,
Plot no.1, prime square building,
Gaiwadi industrial estate, s. V. Road,
Goregaon (W), mumbai 400062
Sub:- legal notice for demand of compensation towards
The negligence and deficiency of services on your
Part concerning my client.
Sir,
I am concerned for my client, mrs. Alka vishnu ghuge, aged 47 years,
Occupation: home-maker, residing at room no. 2, chawl no. G kalyan (E),
Dist. Thane, 421 306, and under her instructions, i write to you as
Follows:
1. My client states that in the month of august 2019, my client
Suffered from immense pain in her breast and for the same she had
Consulted the concerned doctors of the janki hospital (Hereinafter
Referred to and called as ‘said hospital’) at kalyan east, who had advised her to undergo sonography test of her breast and therefore
Sonography test was conducted in janta diagnostic centre at kalyan
East. The said sonography report dated 12.08.2019, revealed that in
Her left breast fat is stranded, likely suggestive of infective etiology.
2. My client further states that, thereafter doctor of the said
Hospital had advised her to immediately undergo operation to
Remove the stranded fat from her left breast. Subsequently, on 14th
August, 2019, operation was conducted and stranded fat was
Removed from her left breast successfully. That after the operation,
Speedy recovery was seen in my client’s health and the doctor of the
Said hospital had advised my client to conduct the histopathology
Test of her breast to check whether my client is diagnose with cancer
Disease or not.
3. My client states that, accordingly doctor of the said hospital
Had informed my client that your laboratory (Srl diagnostics) is
Renowned and reputed one and render best services to the
Customers. Thus, on 26th august 2019, hospital had sent tissue
Samples of lymph nodes obtained from her breast to health care
Laboratory (You no. 2) and thereafter you no. 2 had send the said tissue samples to srl diagnostics laboratory (You no. 1) to examine
Whether she is diagnosed with cancer disease or not. Consequently,
After the delay of one month, on 18th september, 2019, hospital had
Received my client’s histopathology report from you stating that
Tissue sample shows histology of poorly differentiated squamous cell
Carcinoma. After pursing your given histopathology report, doctor
Of the said hospital informed my client and her relatives that she is
Detected with the cancer in her breast and she will have to take
Treatment from tata hospital and after hearing this my client and
Her whole family was shattered, broken down and was in complete
State of shock for several months.
4. My client further submits that your given histopathology
Report was shown to oncologist dr. Khadakpan and he had advised
My client to instantly reconfirm your histopathology report by again
Conducting the said test in other laboratory as well as he felt strong
Suspicion on you no. 1 given report and also advised her to undergo
Pet scan test of whole body as to determine whether she is
Diagnosed with the cancer disease in any other part of the body.
Subsequently, pet scan test of whole body was conducted at
Nueclear laboratory, koparkhairane, which was absolutely normal.
Thereafter, again as advised by oncologist dr. Khadakpan, histopathology test of the same tissue sample was conducted at
Metropolis laboratory at kalyan east and on 22nd october, 2019, my
Client had received histopathology report from metropolis
Laboratory. After perusing the said report suspicion of the oncologist
Dr. Khadakpan, that your report is defective and erroneous got
Confirmed.
5. My client states that, concerned doctors of the janki hospital
And oncologist dr. Khadakpan had perused both your defective
Histopathology report and histopathology report of metropolis
Laboratory and had firmly informed my client and her family that due
To your gross negligence you had given my client defective and
Baseless report due to which my client and her family members had
Suffered from immense pain and mental trauma for each minute
After seeing your report.
6. My client firmly states that, though the same amount of tissue
Sample i. E. 2.5 x 1.7 x 0.6 cms was received by you and metropolis
Laboratory, you had blindly and incorrectly mentioned the size of
Tissue sample as 1 x 0.7 x 0.5 cms in your given histopathology
Report. On the contrary, metropolis laboratory had rightly measuredand mentioned the tissue sample size as 2.5 x 1.7 x 0.6 cm. It is
Crystal clear from above that because of your lackadaisical and
Negligent attitude you had incorrectly measured the size of tissue
Sample, which is a very basic thing and you were utterly irresponsible
In carrying out the duty. It appears that you do not possess
Reasonable skills and are incompetent which is in utter violation of
The medical ethics and hence you made false representation
Regarding you possess requisite skills and expertise to my client.
7. My client states that, as advised by the concerned doctors of
The said hospital, again after three months to reconfirm and reassure
That my client is not suffering from any disease, my client had
Conducted the sonography test of both the breast at janta diagnostic
Centre and reports dated 5th december, 2019, were absolutely
Normal. Therefore, under the above circumstances, such conduct of
Yours is purely unbelievable which had caused sheer harassment and
Mental torture to my client and his family members.
8. My client further states that, histopathology report of
Metropolis laboratory, pet scan test and sonography reports were
Absolutely normal and on the contrary your given histopathologyreport erroneously shows that my client is diagnosed with poorly
Differentiated squamous cell carcinoma. That on account of your
Reputation my client had availed your services but you were not at
All fair and miserably failed to do justice towards my client by giving
Her defective report.
9. My client states that you were completely negligent and have
Not taken due and reasonable care while discharging your duty and
Had given defective services. That due to your utter negligence, my
Client and her family member’s life got ruined and had suffered from
Mental trauma and had spent sleepless nights which had caused
Them irreparable loss. Therefore, it clearly amounts to deficiency in
Services, gross negligence and unfair trade practices and criminal
Offence on your part for which you are completely liable to
Compensate my client and her family.
10. Thus, being a medical professional it was your moral and legal
Duty to exercise due care and caution and by using your professional
Skill you were bound to submit correct and appropriate report. That
You have my client’s life responsibility to disclose true report but you
In a very causal manner had prepared a defective report exhibitingthat my client is diagnosed with a cancer disease and also incorrectly
Mentioned the size of tissue sample due to which my client and her
Family though that she will live only for few years and had played
With my client’s life. Due to your defective report, my client and her
Relatives had almost lose faith of living and had suffered financially
And from mental harassment, agony which can never be
Compensated.