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2022 (11) TMI 87

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..... wrong blood was issued from the Blood Bank, but the Appellant failed to prove it. Proper medical record has more importance. The finding of State Commission show the glaring lapses of the Opposite Parties 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 - it is further noted 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 bank. Therefore, it is concluded that wrong blood was transfused to the patient and the hospital staff is liable for the negligence. Whether it was a Transfusion Reaction or DIC? - HELD THAT:- Admittedly, the surgery was uneventful, but .....

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..... pendency of the complaint before the State Commission. Accordingly, his name was deleted and the parents of deceased Sajeena are Complainants Nos. 2 and 3 whereas Complainant No. 4 to 6 are the two sisters and brother of Sajeena. The parent's most stressful event in their life and cause for a major emotional crisis was that they lost their 28 years married daughter due to medical negligence and son-in-law in road accident - The Complainants stated that the deceased was earning Rs. 15000/- per month, but nothing is on record to prove her earnings. Therefore, in the ends of justice putting reliance upon the recent judgment of Hon'ble Supreme Court in ARUN KUMAR MANGLIK VERSUS CHIRAYU HEALTH AND MEDICARE PRIVATE LTD. ANR. [ 2019 (1) TMI 1992 - SUPREME COURT] and in LATA WADHWA ORS. VERSUS STATE OF BIHAR ORS. [ 2001 (8) TMI 1444 - SUPREME COURT] , a lump sum compensation of Rs. 20 lakh is allowed to the parents of the deceased Sajeena. The Appeal is dismissed with modification to the Order of the State Commission. The Appellants shall jointly and severally pay Rs. 20 lakh as a compensation and Rs. 1 lakh towards the cost of litigation within 6 weeks from today to the .....

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..... tation. The complications were promptly treated but the patient developed DIC (Disseminated Intra Vascular Coagulation), a very serious condition. The doctors took expert consultation of Dr. R.K. Prabhu from the Taluk Hospital and the patient was referred to a higher centre immediately for better management. 3. The State Commission partly allowed the Complaint and directed the Opposite Parties Nos. 1 and 2 to pay a total compensation of Rs. 9,33,000/- to the 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 .....

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..... critical state. She had developed DIC with haemoperitonium, acute respiratory distress and acute renal failure. Thus, the DIC was developed on account of transfusion reaction. Discussion: 10. The main questions before us are: i. whether wrong blood was transfused, if yes- then whether hospital or the blood bank is liable? ii. whether it was a transfusion reaction or DIC? 11. Answer to (i) that the observations of State Commission on Ex. B6 are more relevant. On the reverse side of page 52 of case sheet (B6) against the date 02.08.2002 the clinical note entered as; ** apparently mismatched Tx Pt - O+ve given A+ve blood . It was endorsed by Dr. Valentina and has also recorded in case sheet (B6), the probable cause for the transfusion reaction as mismatched blood transfusion and the resultant DIG + ARF + severe bleeding. It is also noted that the patient continues to be oliguric. Thus, in our view, the afore entry itself is sufficient to prove that mismatched blood was transfused to the patient. It was due to the blood bag which was kept in hospital refrigerator and transfused on the fateful day. Moreover, it was the duty of hospital to prove the wrong blood w .....

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..... on due to mis-match blood resulting into DIC + 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 red cells in the circulation (intravascular haemolysis) and the release of inflammatory cytokines. The patient often quickly becomes shocked and may develop acute renal failure and disseminated intravascular coagulation (DIC). Transfusion of less than 30 mL of group A red cells to a group O patient has proven fatal 14. In most of the cases the hospital staff failing to respond to the signs and sym .....

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