JAN SANGHARSH MANCH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This special civil application is filed by a public spirited citizen alleging that there was negligence on the part of the Civil Hospital, Ahmedabad in treating patient by name Ushaben.

(2.) . Smt. Ushaben was the wife of Anokhelal Umrao Rajput who was formerly working in a Mill which has now been closed down. Ushaben was admitted to the Civil Hospital, Ahmedabad on 25.1.1999 as she had some gynaecological illness. According to the petitioner, she was advised to undergo an operation. The operation was conducted on 3.2.1999. During the course of operation, blood transfusion had to be done. After the operation of the patient, the condition of the patient deteriorated and she died on 4.2.1999. According to the petitioner, there was negligence by the doctors and para medical staff and on account of supply of wrong sample of blood, the patient died. The petitioner has also alleged that the patient was not given proper care and attention by the members of the hospital staff. It is alleged that there is inadequacy of staff in the hospital and one nurse was attending 58 patients who were undergoing treatment in that ward. The petitioner has prayed that adequate compensation should be paid to the legal heirs of deceased Ushaben and that there should be farther directions to the respondents to appoint adequate staff in the hospital and negligence of this nature should not take place hereafter.

(3.) . An affidavit in reply has been filed by the Superintendent of the Civil Hospital wherein it is stated that Ushaben was admitted on 25.1.1999 in ward B-3 and at the time of admission, she was suffering from bleeding and the patient had also the history of right pleural effusion and she had taken treatment for Tuberculosis for one and half years. The patient was admitted with a provisional diagnosis of anterior wall of fibroid of uterus. The patient was severely anaemic at the time of admission and blood transfusion was given on 25.1.1999 at about 6 p.m. The second blood transfusion was given on the next day and on that day, operative procedure was carried out without any complication and on the third day, again blood transfusion was done and it is further revealed that she had a severe heart complication in the nature of mitral valve prolapse and the patient was taken for further surgery and operation for removal of uterus was done on 4.2.1999. The patient developed further complications and as there was symptom of haemeturia for which she was advised transfer to the Institution of Kidney and the patient expired on 4.2.1999. It is further stated that initially, the first three units of blood given by way of transfusion between 25th and. 28th January, 1999, were of O+tive blood group. However, at the time of giving fourth unit of blood on 3.2.1999, due to error in labelling at the site of collection of patient's blood sample, the patient was given blood of AB+ve blood group.