Wrong transfusion of blood is a deficiency in service says National Commission National Commission upheld the order passed by the State Commission. The State Commission after hearing the parties allowed the complainant and held the Appellant guilty of deficiency in service and medical negligence. “We are inclined to say Opposite Party. No.-2* is evidently responsible for deficiency in service in terms of Sec.2(g) of the C.P. Act, 1986 on the following counts:- Failed to ascertain the blood Group of the deceased before sending the sample to the Blood Bank despite the fact that there was a reliable document with the complainant’s relatives with respect of Blood Group of the deceased though the Complainant had drawn attention of O.P. No.-2 to the said document. Failed to mention the blood group of the deceased while sending sample to the blood Bank with a requisition which is otherwise mandatory. Committed Gross negligence by accepting and transfusing a blood group other than A+ve which was the deceased’s confirmed blood group. Failed to follow instructions contained in the Issue Document of Blood Bank where caution is printed on the Poly Bag containing Blood that in case of any reaction, the Surgeon/Physician must send sample of patient’s blood, a small sample of the blood transfused, patient’s symptoms evident on transfusion. Facts about the case: Manick Lal Goswami ( Patient) fell down from his bicycle while returning home from his office on 14.11.2000 and sustained injuries, which included a fracture in the femur, Patient’s son contacted Appellant-Dr. Sunil Thakur, who was a Consultant Orthopedic Surgeon attached to M/s Avenue Nursing Home on telephone the same night and who advised him to bring the Patient for medical examination the next day i.e. on 15.11.2000, where after an x-ray was taken confirming the fracture, patient was admitted in Avenue Nursing Home and operated upon by the Appellant on 17.11.2000. Prior to the surgery, the Appellant advised that one bottle of blood would be required, which would be provided by Nursing Home. Blood was accordingly supplied and transfused and the operation completed by 5.00 p.m. However, blood transfusion continued even after the surgery. Soon after blood transfusion, the Patient started frothing from the mouth and complained of difficulty in breathing and shivering. The next day, he could not urinate and his eyes were found to be deep yellow in colour. Subsequently, a Nephrologist after examining the Patient advised that since he might need Dialysis and this facility was not available in Nursing Home, the Patient be shifted to Calcutta Medical Research Institute (CMRI), which was done. On request of CMRI to the Blood Bank attached to it, one bottle of blood of A+ group (being the blood group of the Patient) was supplied for the Patient’s Dialysis. However, the condition of the Patient continued to deteriorate and despite being put on a ventilator he passed away on 01.12.2000. As per the death certificate issued by CMRI, one of causes of death was attributed to the “history of mismatched blood transfusion”. It was contended that while the blood group of the Patient was A+, the blood which was transfused to him at the Avenue Nursing Home on 17.11.2000 was of B+ group as per the report of the Blood Bank which supplied the blood based on an enclosed blood specimen sent with the requisition slip. It was also stated that the Patient’s condition actually deteriorated following the transfusion of B+ blood while the Patient was under the treatment and care of the Appellant, which clearly reveals gross medical negligence as also deficiency in the treatment of the Patient on the part of the Appellant as also of the Nursing Home.
Posted on: Fri, 19 Jul 2013 15:36:06 +0000
Trending Topics
Recently Viewed Topics
© 2015