New Delhi:
The apex consumer commission has directed a government hospital in Uttar Pradesh to pay Rs 14.95 lakh to a woman for wrong blood transfusion resulting in fetal losses during her four pregnancies.
The National Consumer Disputes Redressal Commission (NCDRC) also said that day by day public health is crippling due to "rampant unethical practices" in government hospitals and they should not be exonerated scot-free after such "gross negligence".
The Commission said it was a "mischievous play with the life of a pregnant woman who has to suffer throughout her lifespan".
"Day by day the public health is crippling in our country because of rampant unethical practices and negligence in the government hospitals. There is no accountability of negligence committed by the doctors working in government hospitals. The poor patients are victimised," the NCDRC bench presided by Justice J M Malik said.
The apex consumer forum asked Saharanpur-based SBD Hospital to pay Rs 14,95,000 to Neelam Gupta, who was transfused with B positive blood by the hospital after her first delivery in 1988, whereas her blood group was B negative.
"This is a very peculiar case of medical blunder a 'gross negligence' at a government hospital," the commission said, noting that due to the wrong committed by the hospital, even though Ms Neelam became pregnant four times, till 1994, every pregnancy resulted in fetal loss.
NCDRC passed the order on an appeal filed by doctor A K Mittal against state commission's order by which he was asked to pay Rs two lakh for wrongly testing patient's blood as B positive though her blood group was B negative.
Though the apex commission held Dr Mittal "negligent" for wrong reporting of patient's blood group and asked him to pay Rs 10,000, it observed that hospital's blood bank issued blood of the same group as prescribed by the doctor and did not perform proper compatibility testing of its own.
"As per worldwide standard blood bank procedures, the blood should be issued after proper Compatibility Testing (matching of blood of patient and donor)... Therefore, we are of view that, the blood bank staff at SBD Hospital have either wrongly performed compatibility tests or negligent in their duties. Hence, the blood bank and SBD Hospital, Saharanpur are responsible in this instant case," the commission said, noting that now the patient will have no chance for second child.
While holding the hospital "entirely guilty" for transfusing wrong blood to the patient, the NCDRC said, "Most of victims of negligence are unable to knock the door of court and very few patients approach the courts, but government doctors escape from clutches of Consumer Protection Act under principle of 'Contract for Service.'"
"Government hospitals are not immune to such gross negligence," it said.
According to the complaint, the patient gave birth to a child on December 4, 1988 in the hospital in Saharanpur.
After delivery she was advised blood transfusion due to her anemic condition.
Thereafter, one bottle of B +ve blood was issued from SBD hospital blood bank and transfused to the patient on the basis of a report by Dr Mittal, prepared on September 15, 1988.
Due to this, even though Ms Gupta became pregnant four times till 1994, but every pregnancy resulted into fetal loss.
The disparity came into light in 1994 during her fifth pregnancy and a complaint was filed before district consumer forum, Saharanpur.
The district forum directed Dr Mittal and one more doctor to pay Rs 2,000 each to the woman.
On cross petitions against the forum's order, one filed by patient seeking enhancement of compensation and the other filed by both the doctors seeking they be absolved from the liability, the state commission increased the amount of compensation to Rs two lakh which was to be paid by Dr Mittal.