TaxTMI 
TaxTMI 
2022 (11) TMI 87
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....ng infertility treatment at Samad Hospital, Thiruvananthapuram (hereinafter referred to as the 'Opposite Party No. 1'). The abdominal Ultrasonography (USG) scan revealed fibroid uterus and advised laparoscopic removal of the fibroids. Sajeena (hereinafter referred to as the 'patient') underwent laparoscopic surgery on 01.08.02 and she was shifted to the post-operative ward. In the evening at 7.30 PM, Dr. Sathi M. Pillai (hereinafter referred to as the 'Opposite Party No. 2) asked for blood transfusion. The blood transfusion was started at 8.30 p.m., but immediately she developed blood transfusion reactions and complications. It was alleged to have happened due to mismatched blood by transfusion. It is alleged that one st....
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....Complainants Nos. 2 to 6 with cost of Rs. 15,000/-. 4. Being aggrieved, the Appellants (Hospital and the Opposite Party No. 2) filed this First Appeal. 5. During arguments, the learned Counsel from both the sides reiterated their evidence adduced before the State Commission. We have perused the Medical Record, inter alia, the Order of State Commission. We also took reference from the standard text books on Transfusion Medicine, Hematology and Internal medicine. 6. The State Commission examined few witnesses DW 1, DW 2, DW 3, DW 4 and DW 5. On careful perusal of record (case sheet), it is evident that on 01.08.2005 the laparoscopic surgery was completed by Dr. Meera/Dr. Sindhu at 5.00 pm and at 7.30 pm, the Opposite Party No. 2, Dr. Sathi....
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.... haemoglobinuria is often transient. It was also the bounden duty of the doctors at OP-1 hospital to preserve the balance of blood in the blood bag. 8. The State Commission observed that the Opposite Parties Nos. 1 and 2 have failed to follow the standard procedures after the transfusion reaction. The hospital failed to communicate the blood bank and not investigated the transfusion reaction by sending the remaining blood bag, patient's blood and urine samples. It is evident from the cross-examination of DW-2, that at about 9 pm, the transfusion reaction was developed and no immediate steps were taken by the Samad Hospital. The case sheet also lacks details of treatment between 9 pm to 11.30 pm. 9. We further note from the evidence of....
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.... Nos. 1 and 2, who have not kept the transfusion register showing the number of bags, its date of receipt or use or disposal. Thus, possibility of error in identification of the blood bags or identifying the patients was more. According to DW - 2 and 3 the blood transfusion was performed under the control of the duty doctor Salini and the duty nurse but there is no documentary evidence to prove their contention. We, further, note that the blood bag was kept in storage of the Hospital premise. It should be borne in mind that the cross-matched blood received from the blood bank shall be transfused within reasonable time preferably within 24 hours. However, in the instant case, there is no record that when the blood was brought from the blood ....
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....ARF + severe bleeding. 13. When red blood cells are destroyed, the process is called hemolysis and the hemolytic transfusion reaction is a serious complication that can occur after a blood transfusion, sometimes due to errors. Because humans are involved in every step of the process from collecting blood to storing the blood and administering the blood into an IV, mistakes can occur that can lead to blood transfusion errors. The errors include mislabeled blood, wrong patient receiving a blood transfusion, the patient receiving the wrong blood type. The most serious reactions are caused by transfusion of ABO-incompatible red cells which react with the patient's anti-A or anti-B antibodies. There is rapid destruction of the transfused re....
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.... made. Such an error is not an error of professional judgment but in the very nature of things a sure instance of medical negligence and the hospital's breach of duty contributed to her death. Thus, we have no hesitation to hold the Opposite Party No. 1 and 2 liable for deficiency in service and the medical negligence. Compensation: 16. Before fixing the quantum of compensation we have to look into several issues. The Complaint was filed by 6 complainants. The patient Sajeena and her husband A.K. Nazeer were undergoing treatment for infertility at Samad Hospital, therefore A.K. Nazeer (Complainant No. 1) was the most aggrieved party. He unfortunately died in a road accident during the pendency of the complaint before the State Commiss....