NCDRC: Mismatch in blood transfusion amounts to medical negligence

The National Consumer Disputes Redressal Commission (NCDRC) reiterated that a mismatch in blood transfusion resulting in the patient's death would amount to medical negligence and a deficiency of service

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This comes after a Kerala-based private hospital was accused of giving the wrong blood to a woman receiving infertility treatment. The complainants approached the State Commission praying for compensation of INR 45 Lakhs with interest and an additional INR 4.5 Lakhs towards medical expenditure. The State Commission allowed the complaint partly with direction for compensation of INR 9.33 Lakhs. Aggrieved by the decision of the State Commission, the complainants preferred an appeal to the NCDRC.

The Bench comprising of Justice R.K Agrawal, President, and Dr. S.M Kantikar, Member, observed two main issues: Firstly, whether there was a mismatch in blood transfusion and, if so, whether the hospital is liable for the same. The Bench held: "it is concluded that wrong blood was transfused to the patient and the hospital staff is liable for the negligence."

The Bench relied upon the judgment in Postgraduate Institute of Medical Education and Research Chandigarh v. Jaspal Singh & Others, wherein it was held that a mismatch of transfusion in the blood, resulting in the death of the patient after 40 days, is a case of medical negligence. Applying the same principle to the present case, the Bench observed that the wrong blood being transfused was an error that no hospital or medical practitioner exercising order care and diligence would have made. It is an error of professional judgment. [The same conclusion may be arrived at if one applies the merits of the landmark judgment Jacob Matthew v. State of Punjab.]

Click here to read the order.

[M/S Samad Hospital v. S.Muhammed Basheer, First Appeal No. 172 of 2012]

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