G V S THIRUPATHI REDDY Vs. VEMULA SATYAVATHI

JUDGEMENT

(1.) THIS is an appeal preferred by OP1 Proprietor and OP2 Doctor of Tirumala Super Specialties Hospital at Karimnagar against the order of the Dist. Forum awarding compensation of Rs. 3 lakh and costs.

(2.) THE case of the complainant in brief is that she is a resident of Peddapalli town. On 31.3.2005 she consulted a local doctor Dr. P. Mallesham who directed her to consult the appellant in order to have blood transfusion. Accordingly she went to the appellant hospital on 1.4.2005 where she was admitted as inpatient for blood transfusion. The laboratory attached to the hospital took her blood in order to know the blood group. It was shown as 'B - negative' vide Ex. A2. Earlier her blood group was reported as 'B -positive' at Peddapalli local hospitals. Basing on the report the appellant requisitioned 10 units (350 ml) of blood B - negative from Sanjeevani Blood Bank and another 10 units (350 ml) of the very same blood group from Chalmeda Anand Rao Institute of Medical Sciences, Karimnagar. 20 units of blood was transfused and she was discharged on 3.4.2005. Suddenly she fell sick, vomited blood. Immediately she was shifted to the appellant hospital where she was not given proper treatment. On that she was shifted to another hospital Pabba Super Specialty Hospital, Karimnagar. On 8.4.2005 Dr. Kylash Pabba advised her to go to Osmania Hospital, Hyderabad tor further treatment. However, she was shifted to Poulomi Hospitals, Hyderabad. She was treated as in -patient by Dr. Tapesh Bansal, Physician till 21.4.2005. She incurred an amount of Rs. 1 lakh for the treatment. All this was due to negligence on the part of appellants. Therefore she claimed Rs. 2 lakh towards compensation, Rs. 2 lakh towards expenditure, and Rs. 1 lakh towards costs in all Rs. 5 lakh.

(3.) O .P. No. 1 filed counter denying each and every allegation made in the complaint. He alleged that she was treated with due care and caution. He advised her to bring blood for transfusion. She on her own accord went to the laboratory, got herself tested. As per the report she and her relatives got the blood from Sanjeevani Blood Bank and also from Chelmeda Hospital, Karimnagar. The blood units were brought by the complainant which he had transfused after receiving the laboratory reports. If the blood is not suitable it would react immediately. There was no reaction in the body of the complainant. There was no negligence on his part. Therefore he prayed for dismissal of the complaint with costs.