The court reaffirmed the necessity for strict adherence to blood transfusion regulations to prevent medical negligence while addressing HIV transmission risks.

1. Dr. S.M. Kantikar, Member - The Appellants challenged against the impugned Order dated 11.9.2012, passed by the State Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as the 'State Commission'), whereby the Appellants Nos. 2 and 3 were directed to pay a sum of Rs.10 lakh holding liable for medical negligence.

2. For the convenience, the Parties are referred as placed in the Original Complaint filed before the State Commission.

3. The facts are that Master Akash the Complainant (Complaint filed through his mother), after birth, at the age of 3 days, was operated for the correction of diaphragmatic hernia on 13.6.1998. It was performed by Dr. Ajay Kumar, the Opposite Party No. 3 at Kalawati Saran Children Hospital (KSCH) (hereinafter referred to as the 'Opposite Party No. 2'). During operation, the baby was given blood transfusion twice as 50 ml and 100 ml on 13th and 16th June, 1998. The blood was brought from the Blood Bank at Smt. Sucheta Kriplani Hospital, New Delhi (hereinafter referred to as the 'Opposite Party No. 4 - SSKH'). The baby was discharged on 23.6.1998.

4. Thereafter, Master Akash was brought to the hospital on 6.8.1998. It was diagnosed as follow up case (FUC) of diaphragmatic hernia with intestinal obstructions and adhesions. On 7.8.1998, the Opposite Party No. 3 performed second operation of exploratory for adhesion lysis at KSCH and discharged after a week on 14.8.1998. The baby was kept under follow - up till the end of 1999, at same Hospital. It was stated that during 17.12.1998 to 1.1.2000 the baby continued to remain sick and unhealthy, frequently suffered from fever, pneumonia and cough etc. In the year, 2003, Master Akash developed Episclerits (disease of eye), consulted eye specialist on 5.4.2003 at KSCH. X - rays chest, blood test were conducted but, it was alleged that the treating Doctor never advised HIV testing because of fear being exposed. Again in 2005 the child suffered diffuse pain in abdomen and consulted in OPD at KSCH on 14.9.2005. On the insistence of the few well - wishers, the parents of Master Akash got HIV testing done at VMMC & Safdarjung Hospital, New Delhi. It was reported on 9.1.2006 as HIV positive - AIDS and he was admitted in Safdarjung Hospital for further treatment. He was discharged on 18.1.2006 and advised for follow up and remained under observation at AIIMS & Safdarjung Hospital. It was alleged that entire episode was sheer deficiency and medical negligence on the part of the Opposite Parties.

5. Being aggrieved, the Complainant filed the Complaint before the State Commission and prayed Rs.22 lakh along with 18% interest as compensation.

6. The Opposite Parties filed their respective written versions and denied entire allegations. It was submitted that the doctors, who treated the patient, were skilled and qualified. The blood was brought from the Blood Bank of SSKH of the Lady Harding Medical College and transfused to save the life of baby. The Blood Bank issues blood after doing all mandatory tests for HIV and HbsAg as per the statutory guidelines of Drugs Controller. Only negative tested blood was issued to the patient. Thus there was no question of negligence and / or deficiency on the part of the OPs. The instant complainant deserves to be dismissed.

7. On hearing the parties and the evidence, the State Commission partly allowed the Complaint and directed the Opposite Parties Nos.2 & 3 to pay Rs.10 lakh as compensation.

8. Being aggrieved the Opposite Parties filed the instant Appeal.

9. We have head the learned Counsel on both the sides and per