SATISH D. BHOIR Vs. MAHENDRA D. PAGARE

JUDGEMENT

(1.) The Appellant has filed the instant Appeal under Sec. 19 of the Consumer Protection Act, 1986 (in short 'the Act'), against the Order dtd. 23/12/2016 passed by the State Consumer Disputes Redressal Commission, Maharashtra (hereinafter referred to as the 'State Commission') in Consumer Complaint No. 220 of 2010, wherein the State Commission partly allowed the Complaint.

(2.) The issue at hand is alleged medical negligence involving an erroneous blood transfusion. Tragically, the patient received an incorrect blood type, leading to her untimely demise.

(3.) The brief facts that on 5/2/2009 Jyoti Pagare, the wife of the Complainant (referred to as the 'patient'), was admitted to Sidhhi Intensive Care and Dialysis Centre under the care of Dr. Satish D. Bhoir (referred to as the 'OP') with the symptoms of fever and cold. Initially, the patient was examined by RMO Dr. Ashok Shukla and shifted her to the ICU and started IV medication. At around 5 am, the RMO requested the Complainant to bring two bags of blood from the hospital's blood storage centre. It was alleged that blood transfusion was done without proper testing. One blood bag showed leakage but it was resealed and again administered. During blood transfusion the patient's sister noticed oozing of blood from her nose, mouth, and eyes. As the complainant received a distressing phone call , he rushed the hospital, where he found condition of his wife was very critical. Neither the RMO nor the concerned sister was present in the patient's room during the blood transfusion. Later on Dr. Satish Bhoir (OP) arrived, he after examination declared her dead. It was also alleged that during that time, the RMO insisted the Complainant to sign certain papers. Being aggrieved due to carelessness and deficiency in services, the Complainant filed a Consumer Complaint before the State Commission seeking compensation of Rs.50.00 Lac.