A patient visited a private hospital with sudden vomiting and severe vertigo. Based on clinical evaluation and emergency scans, the treating doctors suspected central vertigo due to an acute stroke and initiated emergency clot-busting treatment.

After stabilization, the patient was transferred to a government hospital, where specialists reviewed the previous hospital's scan reports. However, they diagnosed the condition as peripheral vertigo, an inner-ear issue, prompting the patient to file a medical negligence complaint.

The lower court ruled against the private hospital, holding that conflicting diagnoses on the same scans proved negligence under the doctrine of Res Ipsa Loquitur. It also found a minor eleven-minute discrepancy between medication administration and billing records and held this as evidence of deficient service.

On appeal, the higher court overturned the decision and clarified a key legal principle. It held that a difference of medical opinion on identical scan reports does not automatically establish negligence.

The higher court emphasized that diagnostic divergence in complex cases is always a possibility. Further, whether there was negligence or not requires evaluation by expert evidence.

MedLegal Safety Insights

Doctors and hospitals must maintain meticulous clinical documentation. Discrepancies in medical records can lead to problems. Appropriate protocols and cross-checking minimise the risk of such problems.

For patients, this case highlights that an alternative diagnosis or diagnostic variation does not always amount to medical negligence. The human body is yet to be fully deciphered by medical science!

Source

Order pronounced by the West Bengal State Consumer Commission on 21st July 2026.

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