“The transfusion made at the Hospital cannot be termed as 100% safe and hence no negligence cannot be attributed to Doctors…..”…
Case for Rs.90 lakhs compensation dismissed…
The National Commission has reiterated the view of Apex Court in its recent judgment dated 13/12/2016, in the case of SANDEEP KUMAR V/s. PGIMER, Chandigarh
Facts in short :
1. The Complainant who is a qualified male nurse, is suffering from bleeding disorder, i.e., Haemophilia-A since his birth occasionally used to get blood transfusion at PGIMER.
2. One day he met with an accident was taken to Civil Hospital Khanna and according to the Complainant he narrated about his disorder and that Doctor instead of referring him to PGIMER, gave some medicines and as a result of which, he suffered from malina (bleeding in stool).
3. Thereafter in his subsequent admission to PGIMER he underwent fresh frozen plasma (FFP) transfusion and it was alleged that in this course, he developed and diagnosed as Hepatitis-C positive due to some reaction.
4. Thus he filed a case for medical negligence against both the hospitals claiming Rs.90 lakhs… He also claimed that he could no longer be able to work as male nurse.
1. Both the hospitals refuted the allegations against them. It was submitted that reactions to FFP are known to occur in multi-transfused individuals, but in the present case the reaction cannot be attributed for development of Hepatitis C.
2. The PGIMER provides FFP support free of cost to 200 to 250 Haemophilic patients every year.
3. It was argued on behalf of Khanna hospital that at the time of his admission in the hospital, there was no visible injury on him and he was only complaining of some pains.
1. The NCDRC upheld the judgment of State Commission which dismissed the complaint.
2.It is proved that the persons who treated the complainant performed their duties as was expected from the professionals having ordinary skills in their fields.
3. The reports received from prominent Institutes like AIIMS and medical literature reveals that the transfusion made at the Hospital cannot be termed as 100% safe and hence, it shall not be justified to attribute any negligence on the part of the treating doctors or the hospital.
4. Even if plea of lack of informed consent is to be accepted, PGIMER report clarifies that that the chances of contracting such disease during the FFP transfusion were almost negligible, negligence could not have been attributed to the treating doctors.
Adv. Rohit Erande
You can read the full judgement by clicking on the following link
Meghna A Singhania is the founder and Editor-in-Chief at Medical Dialogues. An Economics graduate from Delhi University and a post graduate from London School of Economics and Political Science, her key research interest lies in health economics, and policy making in health and medical sector in the country.
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