Doctors’ denials ‘enlightens’ the Court

  • Posted on: December 29, 2022

The responsibility of blood transfusion is upon the in-charge doctor and hospital staff. This precedence is clearly laid out in a recently pronounced judgement by the Supreme Court.

This protocol, however, was not followed in this case and unfortunately the patient lost his life due to mismatched blood transfusion.

Surprisingly, the patient was known to the doctor who had been treating him for kidney related ailments and had referred him to a hospital and a doctor attached to it. Instead of B +ve blood group, the patient was transfused A +ve which led to his untimely death.

The doctors and hospital authorities tried their best to deny negligence and claimed that supply / requisition of blood was not their duty.

The Commission may have been appalled at their statements as it observed the following:

“One thing is very well enlightened before us that except denial on part of the doctors and hospital authorities, no reliable and acceptable evidence has been brought on record to show that blood was transfused after verifying and following the mandatory provisions prescribed under the Drug & Cosmetic Act and rules made thereunder”.

“We further find that the blood requisition form has to be filled up by the doctor concerned and blood group has to be mentioned in prescribed form besides issuing patient’s blood sample. Documentary proof available on record suggests that the doctors have not mentioned patient’s blood group while demanding the blood bags from blood bank. Therefore, we are of the view that there is deficiency in service on part of the doctors and hospital”.

The hospital and doctors were collectively ordered to dole out a hefty compensation.

Source: Order pronounced by Gujarat State Consumer Disputes Redressal Commission on 20th August, 2022.