2009 (5) TMI 1011 - SC - Indian Laws

Summary

Issues Involved:
1. Whether there was negligence on the part of PGI and its medical staff in transfusing mismatched blood.
2. Whether the mismatched blood transfusion was the cause of death of Smt. Harjit Kaur.
3. Whether the compensation awarded by the State Commission was justified.

Summary:

Issue 1: Negligence in Transfusing Mismatched Blood
The appellant, PGI, challenged the order of the National Consumer Disputes Redressal Commission, which affirmed the State Commission's decision directing PGI to pay compensation for negligence. The State Commission concluded that there was serious deficiency and negligence on the part of PGI and its attending doctor(s)/staff in transfusing wrong blood group to the patient, Smt. Harjit Kaur, which resulted in her death. The National Commission upheld this view, noting that the mismatched blood transfusion caused significant harm to the patient's health, leading to her eventual death.

Issue 2: Cause of Death
The learned Counsel for PGI contended that Smt. Harjit Kaur died due to septicemia and not due to mismatched blood transfusion. However, the evidence showed that her condition deteriorated significantly after the mismatched blood transfusion, with her hemoglobin level dropping and her kidney and liver functions being affected. The State Commission observed that the mismatched blood transfusion materially contributed to her death, if not wholly, and this was affirmed by the National Commission.

Issue 3: Justification of Compensation
The State Commission directed PGI to pay compensation of rupees two lacs to the complainants, with 3/4th to be put in a fixed deposit for the minor son and 1/4th to be paid to the complainant No. 1, along with costs of Rs. 5,000/-. The National Commission upheld this decision, and the Supreme Court concurred, finding no error of law in the National Commission's view.

Conclusion:
The Supreme Court dismissed the appeal, affirming the findings of negligence and the causal link between the mismatched blood transfusion and the patient's death. The compensation awarded by the State Commission was upheld, and the appeal was dismissed with costs quantified at Rs. 20,000/-.