K HARI Vs. MINERVA CIRCLE BLOOD BANK

JUDGEMENT

(1.) THE facts in this case are as follows: the complainant was admitted to O. P.2 Sri Krishna Sevashrama Hospital, Jayanagar on 11.12.1996 for check up for ulcer. On 12.12.1996 O. P.2 hospital revealed the presence of deodinal ulcer and advised the complainant to have 3 bottles of drips and 2 bottles of 'o' positive blood as the haemoglobin level was below normal. The blood group of the complainant is 'o' positive. On the advice of the doctor in O. P.2 Hospital 2 bottles of blood were transfused into the complainant's body on 12.12.1996 which was supplied by O. P.1. The complainant has produced receipts for having purchased the 2 bottles of blood of 'o' positive which are marked as Exs. C8 and C9. After tranfusion of the blood the blood of the complainant was got tested and found further decline in the haemoglobin level. According to the complainant prior to the transfusion of the blood he was not suffering from hepatitis -B. On examination on 8.3.1997 at Anand Clinic -chem Laboratory found that the complainant was contacted with hepatitis -B (HBs Ag ). The report of Anand Institute of Laboratory Medicine is produced and marked as Ex. C5. It is further stated in the affidavit filed by the complainant that he had lost 6 -8 kgs in weight and had spent lot of money towards clinical tests, medicines, doctors fees and he has also suffered mental agony and physical suffering due to the negligence of O. Ps.1 and 2.

(2.) O . P.1 has filed his version praying for the dismissal of the complaint on the ground that the complainant himself is doubtful of his claims and the complainant has filed the present complaint only to blackmail and harass O. P.1.

(3.) O . P.2 has not disputed the treatment and transfusion of the blood into the body of the complainant. The case of O. P.2 is that the hospital does not have a Blood Bank of its own and it depends on outside authorized Blood Banks to supply blood to its patients and has also stated that transfusion of the blood was started only after the necessary tests.