A testing laboratory must take full responsibility for the injury that may be caused to the patient because of a wrong report and refund money taken for holding such clinical tests, the WBCERC said on October 7.

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Referring to a few complaints about pathological centres providing wrong reports, the West Bengal Clinical Establishment Regulatory Commission (WBCERC) directed pathologists to physically sign them and not mechanically only after properly verifying the reports. The Commission set up a guideline in this connection. "We feel whenever any liability is confronted with testing report, a testing laboratory should first do a refund of the amount and go for a free of cost repeat test that would show the bona fides approach of the laboratory," the Commission chairperson Justice told reporters on October 7.

In the pathological report we are often confronted with two types of errors, typographical and testing error, he said. "In case of typographical error we find, there are three types of mistakes; numerical mistakes where although the test is properly done and the result is determined rightly, but the data entry operator, while typing it has made a mistake. "Numerical mistakes and names misspelt also may be disastrous if the report is accepted by the treating doctor and treatment is proceeded on that basis. In such a situation, the testing laboratory must take full responsibility for the entire injury that may be caused to the patient because of such a wrong report," the Justice said.

"A laboratory must be cautious enough to see that a proper corrected report is given to the patient. When the concerned pathologist would sign the report he must be cautious. Pathologists must sign it physically and not mechanically after running a double check of the report. We feel that whenever there is a typing error the laboratory must be penalised, however, the quantum of penalty would depend upon the damage," he said. "Tests in laboratories are done mechanically and they are bound to be mistakes. They are bound to be errors in the result. The laboratory, however, must be cautious enough and do their best to get the correct result. They must in their report clearly specify, the result would be subject to corroboration by the treating doctor," the Commission chairperson stated.

The WBCERC, which heard four such cases in this connection, on October 7 and directed one private pathological laboratory to pay Rs 10,000 as compensation to a patient and also provide the cost of the first test and the second test. "The amount should be paid within a week," the Justice said.