The main legal point established in the judgment is the requirement for obtaining a valid consent from the patient before blood transfusion, and the liability of the Treating Doctor for failing to do so.

ORDER

Mr. Justice D.K. Jain President. - The Complainant has preferred this First Appeal, under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"), questioning the correctness and legality of the order dated 12.4.2007, passed by the Maharashtra State Consumer Disputes Redressal Commission (for short "the State Commission"), in Consumer Complaint No. 237 of 1997. By the impugned order, the State Commission has come to a conclusion that there was no medical negligence on the part of the Opposite Parties, as alleged against them a 1 has thus, dismissed the Complaint. Opposite Party No. 1, Respondent No. 1 herein, was the owner of a Blood Bank and Opposite Party No. 2, Respondent No. 2 in this Appeal, is the Doctor, who had performed the Caesarean Section on the Complainant.

2. The Complainant is married to one Chandrakant Lad. On 6.5.1993, she gave birth to a female child. Ln the year 1996, for her second delivery, she consulted Respondent No. 2, (for short "the Treating Doctor"). On 17.7.1996, she was subjected to routine blood tests including Enzyme Linked Immunosorbent Assay (ELISA) test for HIV I and HIV II antibody, which were all negative. On her visit to the Treating Doctor, on 20.1.1997, she was advised immediate admission in the hospital for delivery. At the time of admission, a printed form, in vernacular, titled as "Information and some Rules" was got signed from the Complainant, translated version of the said form reads as follows:

"Dr. Mhaskar's Hospital Murbad Road, Kalyan

Name: Sulochana Chandrakant Lad

Age: 23 years Date: (illegible)

Address: Vashid, Shahpur Tel. No:

Information and Some Rules:

1. Hospital visitation hours to meet the patient are 8.00a.m. to 12.00 p.m. and 4.00 p.m. to 8.00 p.m.

2. Patient's care taker shall not go home without the doctor's permission.

3. Do not to carry articles to the hospital; the hospital shall not bear any liability for loss of such belongings.

4. Please provide your contact information for us to communicate with you.

5. We have been fully informed about the probable costs involved with the hospital bill.

6. Pay the bill amount before you leave.

7. In absence of Dr. Mhaskar, we are ready to be provided treatment by a doctor nominated by him.

8. If someone is required to stay with the patient, only one person will be allowed to stay on the permission given by the hospital.

9. In an emergency, I/we permit any kind of surgery or any kind of treatment on our own responsibility."

3. While in labour, at about 6.00 a.m. on 21.1.1997, she developed certain complications, upon which, the Treating Doctor advised Caesarean Section. Her husband was asked to arrange for two units of blood from the Pathology Centre/Blood Bank of Respondent No. 1 for transfusion urgently.

4. Another consent form, dated 21.1.1997, in the vernacular, stamped on the reverse of the prescription with blanks as to the nature of the operation/procedure was got signed from the Complainant and her husband. For the sake of ready reference, the same is also reproduced below:

"I am giving consent and bear responsibility to the operation of .............. of mine under any anesthesia. I have been completely informed about the operation.

Sd/-

(Husband)

Sd/-

(Patient)

21.1.1997"

5. The required units of blood were brought by complainant's husband and were transfused. Caesarean Section was performed by the Treating Doctor and his colleague, Dr. Anita Verma, at 6.00 a.m. on 21.1.1997. A healthy male child, weighing 3.6 kilograms, was born. Subsequently, Treating Doctor again informed the husband of the Complainant that she required two additional units of blood, which were also brought and allegedly transfused to the Complainant. The Complainant was discharged on 27.1.1997. Since the Complainant was experiencing dizziness and also had fever, she was again admitted in the same hospital, where she was treated for typhoid from 3.2.1997 to 6.2.1997. After about 10 days of her discharge, the Complainant developed boils on her skin