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2009 Supreme(UK) 62
2009(2) CPR 157 (NC)
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION,
NEW DELHI
R.C. Jain, Presiding Member and Dr. P.D. Shenoy, Member
Smt. Shashi Prabha Singh and
Others —Complainants
versus
Escort Heart Institute and Research
Centre —Op. Party
Original Petition No. 17 of 1997
Decided on 19.2.2009
Counsel for the Parties:
For the Complainant: Nemo.
For EHERC:Mr. Sanjeev Puri, Sr. Advocate with Mr. Pranav Vyas, Advocate.
For Dr. Trehan:Ms. M. Malika Chaudhari, Advocate.
IMPORTANT POINT
Where blood transfused to patient during by-pass heart surgery had been tested negative for Hepatitis B and four patient developed Hepatitis B after 4 months of surgery, hospital could not be held responsible for it by negligence or deficiency in service.
Headnote:Consumer Protection Act, 1986—Sections 2 and 14—Medical negligence—Complainant underwent by-pass surgery of heart (CABG) on 13.12.1995 and was discharged from OP-Hospital—In March 1996 complainant was found suffering from Hepatitis B and doctor opined that it was contracted during blood transfusion during CABG and December 1995—Complainant tested for Bilirubin high level till July 1996—Claim for compensation—Record of the blood transfused to complainant filed by OP showed that blood which was administered to patient complainant was tested for HIV, Aids, Vori and Hbs.Ag and it gave negative for Hbs also that it was transfused—Medical text showed that there was a possibility of patient contacting Hepatitis B even though blood which had been tested negative for Hbs was given to patient because of prevalence of window period between starting of infection and it becoming a full blown disease—Doctor who had opined for complainant suffered disease by blood transfused during CABG did not appear for evidence—Complainant had lived for 10 years after surgery—Complainant could not be said to have proved negligence or deficiency in service.
Result: Complaint dismissed.
Dr. P. D. Shenoy, Member— Case of the complainant:
The original complainant Shri Suresh Pratap Singh was a retired Government servant and has been suffering from mild heart problems and was treated at the Escort Heart Institute and Research Centre (in short EHIRC) for several years. He was advised to undergo angiography for which he was admitted to the hospital on 17.7.1995. Blood test conducted prior to the angiography proved Hepatitis B negative (HBs Ag). After the angiography the complainant was advised to undergo by-pass surgery of the heart (CABG). As advised by the opposite party, the complainant was admitted to EHIRC on 4.12.1995 to undergo by-pass surgery. However, no surgery could be performed on the complainant till such time a boil on the leg of the complainant did not heal. Accordingly, the surgery was delayed till 13.12.1995.
2. Though the relatives were willing to donate the blood to the complainant, the EHIRC utilized the blood from the blood bank and took the blood given by the relatives for storage in the blood bank for future use. At around 10.30 p.m. on the same day, the relatives of the complainant were informed by the attending doctor that there was some internal bleeding hence, he was again taken to the operation theatre at 11 p.m. and the chest of the complainant was opened to detect the cause of internal bleeding. During the operation a large amount of blood was utilized for transfusion and the same was obtained from the blood bank in spite of availability of individual blood donors amongst the relatives of the complainant.
3. On 21.12.1995, the complainant was discharged from the hospital and was informed that the surgery was successful. The bill amount of Rs. 89,000, was paid by the CGHS, the complainant being a CGHS beneficiary, and the balance amount, was paid by the complainant.
4. On 10.3.1996 the complainant developed high fever and Dr. P.C. Bhalla examined the complainant and advised certain medicines. As the fever persisted the same doctor advised him to go for a detailed examination including blood test on 25.3.1996. On 26.3.1996 tests on the complainant indicated that Bilirubin is very high suspecting jaundice. On 30.3.1996 another blood test indicated that the complainant was suffering from Hepatitis B. On the same day the complainant, was examined by Dr. Vimal Nakra, of Deepak Memorial Hospital, who stated in his prescription that Hepatitis B was contracted during the blood transfusion during CABG in December 1995. The doctor opined that, Hepatitis B infected blood once given to a person has an incubation for a period of 8 to 12 weeks and the symptoms about the onset of hepatitis B would be discovered after that period. According to the doctor, as the by-pass surgery was done on 13.12.1995, Hepatitis B infection surfaced in March 1996 clearly indicated that the same was caused due to the infected blood given during blood transfusion.
5. The complainant was regularly examined for the level of Bilirubin test conducted from 1.4.1996 to 13.7.1996 and in all the tests it was seen that Bilirubin in the blood was very high. On 1.4.1996, the complainant was subjected to ultrasound test, which indicated that the liver of the complainant was mildly enlarged. On 31.3.1996, the son of the complainant who is an advocate practicing in the Supreme Court talked to Dr. Trehan on telephone informing about the hepatitis B infection caused to the complainant.
Case of the opposite party (EHIRC)
6. It is submitted on behalf of the hospital that as a matter of practice and policy the attendants or relatives of every patient, who has to undergo by-pass surgery, are asked to arrange for 6 units of blood of the same group to which the patient belongs through donations by relatives and friends. If it is not possible for the patient’s attendants to bring all the donors of the same blood group, the blood donated by the other blood group donors is stored in the blood bank of the Institute after carrying out all
