According to case details, a resident of Nimuch in Madhya Pradesh, Shivkumar Sharma, filed a complaint with the commission in 2007 complaining about medical negligence by the hospital during treatment of his wife, Pushpaben. She was taking treatment with the hospital since 2005. On March 15, 2007, during a chemotherapy session, she required blood transfusion. Despite having knowledge that she had blood group B negative, she was given B positive blood.
The mismatch of blood deteriorated his wife’s condition further. She had to take treatment at different places but died next month. He placed a report by another hospital that his wife suffered due to mismatch of blood group. The hospital defended its case by stating that the blood group of the patient had changed and giving her B positive blood in transfusion was not a mistake or negligence. The hospital’s lawyer also argued that the complainant had not placed any evidence or any expert opinion to substantiate his claims of medical negligence.
The hospital also argued that the death certificate of patient did not reveal that the cause of death was blood transfusion. The patient had earlier attempted suicide, she was placed in an isolation ward, was suffering from hepatitis and she had a final stage cancer and was undergoing treatment for the same.
After hearing the case, the commission concluded that there was no dispute over the fact that the patient was given blood of a different group. Holding this as deficiency in service, the hospital and the insurance company which had issued a professional indemnity insurance policy to the hospital were asked to pay compensation of Rs 5 lakh with 8% interest since 2007 to the complainant.
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