AMIT RAI Vs. MEDICA MAGADH HOSPITAL

JUDGEMENT

(1.) Heard Mr. K.K. Rai, Senior Advocate, assisted by Mr. S.K. Pandey, Advocate, for the complainants, Mr. Sandeep Kapoor, Advocate for OPs-1 and 2, Mr. Sanjeev Kumar Verma, Advocate for OP-3 and Mr. Maroof Ahmad, Advocate for OPs-5 to 7. None appeared for OP-4.

(2.) Amit Rai, Smt. Mala Pandey and Smt. Rambha Rai have filed above complaint, praying to award (i) Rs.4.00 crores, as compensation for financial loss, mental agony and physical attrition caused to them; (ii) Rs.212081.00 with interest @ 18% per annum from 30/3/2011, as the amount paid for hospitalization both at Patna and New Delhi; (iii) litigation cost; and (iv) any other relief which is deemed fit and proper in the fact and circumstances of the case.

(3.) The complainants stated that complainants-1 and 2 are brother and sister respectively and complainant-3 is their mother. Late S.N.P. Rai (hereinafter referred to as "the patient") was husband of complainant-3 and father of complainants-1 and 2. On 30/3/2011, when the patient went on morning walk, he met with an accident and sustained acetabular fracture resulting in severe internal bleeding. He was admitted in Magadh Hospital (OP-1) on 30/3/2011 at 7:27 hours, wherein blood transfusion was done on 30/3/2011 and 31/3/2011 under supervision of Dr. Amit Kumar Sinha (OP-2), apart from other treatment. The blood was brought from Patliputra Blood Bank (OP-3) and Red Cross Blood Bank (OP-4). The patient was discharged on 25/5/2011 at 18:39 hours from the hospital and brought to his residence in Patna. In the first week of July, 2011, the colour of the eyes of the patient was changed to yellow. The doctors advised him for blood test. The sample for blood test of the patient was taken on 12/7/2011. In the blood test report dtd. 13/7/2011, the patient was suffering from Hepatitis-B. Prior to his admission in OP-1 hospital, the patient was not having the infection of Hepatitis-B. He got the infection due to negligence of OPs-1 and 2, in transfusing infected blood without test, using infected syringe and other unhygienic practices in the hospital. The blood banks (OPs-3 and 4) did not follow the guidelines of Drug Controller General and supplied infected blood to OP-1. Hepatitis B virus is transmitted in people by direct blood-to-blood contact or semen and vaginal fluid of an infected person. Modes of transmission are the same as those for the human immunodeficiency virus (HIV), but Hepatitis B virus is 50 to 100 times more infectious. Unlike HIV, the Hepatitis B can survive outside the body for at least 7 days. During this period, the virus can still cause infection, if it enters the body of a person, who is not protected by the vaccine. Common modes of transmission are (i) perinatal (from mother to baby at birth), (ii) early childhood infections (in apparent infection through close interpersonal contact with infected household contacts), (iii) unsafe injection practices, (iv) unsafe blood transfusions, (v) unprotected sexual contact. The incubation period of the Hepatitis B virus is 90 days but can vary from 30 to 180 days. The virus may be detected 30 to 60 days after infection and persists for variable period of time. Human blood is covered in the definition of 'Drug" under Sec. 3(b) of the Drugs and Cosmetics Act, 1940. Drug Controller General of India has issued guidelines for the blood banks, under which, blood bank is required to have an area of 100 square meters for its operations and an additional area of 50 square meters for preparation of blood components. It shall consist a room each for (i) registration and medical examination with adequate furniture and facilities for registration and selection of donors; (ii) blood collection (air-conditioned); (iii) blood component preparation. (This shall be air-conditioned to maintain temperature between 20 degree centigrade to 25 degree centigrade); (iv) laboratory for blood group serology (air-conditioned); (v) laboratory for blood transmissible diseases like Hepatitis B, Syphilis, Malaria, HIV-antibodies (air-conditioned); (vi) sterilization-cum-washing; (vii) refreshment-cum-rest room (air-conditioned) and (viii) store-cum-record. It further requires that each blood unit shall also be tested for freedom from Hepatitis B surface antigen and Hepatitis C virus antibody VDRL and malaria parasite and results of each testing shall be recorded on the level of container. OP-3 and 4 did not follow the guidelines of Drug Controller General of India in collecting, preserving and supplying the blood, from its blood bank. It was duty of OP-2 to ensure that the blood that he was administering to the patient, was free from infection. Thus, there is collective negligence of OPs-1 to 4. Due to infection of hepatitis-B, the condition of the patient deteriorated and he was admitted in Rockland Hospital (OP-5) on 14/7/2011 at 12:15:24, where he was treated by Dr. M.P. Sharma and his junior Dr. B.P. Singh (OPs-6 and 7). The patient was discharged on 2/8/2011 with the advice to inform OP-7 about the progress in the health of the patient and OP-7 also gave his mobile number to complainant-1. On 6/8/2011 at about 15:00 hours, as the patient felt some uneasiness, complainant-1 called OP-7 on his mobile number and told him about his condition. OP-7 ignoring the fact that the patient was suffering from Hepatitis-B and was also diabetic casually advised to take crocin tablet and have rest. On same day, at about 18:00 hours, when the blood pressure of the patient started falling, complainant-1 again called OP-7 and told him about his condition. OP-7 advised him to immediately rush to the hospital. The patient was again admitted on 6/8/2011 at 21:53 hours, in Rockland Hospital (OP-5) in the ICU, where he was kept on ventilator. The doctors informed that the patient had suffered a heart attack on 7/8/2011 at about 3:00 hours and expired at about 6:57 hours. As per hospital record, the cause of the death was cardiac arrest. In the bill dtd. 7/8/2011, the Rockland Hospital has also charged for visit of Dr. M.P. Sharma on 6/8/2011, who had not seen the patient. Dr. M.P. Sharma himself told complainant-1 that he had not seen the patient on 6/8/2011. When the patient was suffering from acute infection of Hepatitis-B and was a chronic patient of diabetes, the Rockland Hospital should not have discharged the patient on 2/8/2011. Due to death of the patient the complainants suffered immense trauma and financial loss as he had a sound knowledge of share market and was actively involved in share trading with complainant-1. Due to mental trauma, complainant-1 could not do share-trading for almost one year. The complainants sent a legal notice dtd. 25/6/2013 to the OPs seeking damages of Rs.4.00 crores and Rs.212081.00 towards medical expenses with interest @ 18% per annum. An amount of Rs.277073.00 was reimbursed by the insurance company. OP-4 replied to the legal notice, vide letter dtd. 17/7/2013 stating that it had supplied 2 units of blood on 31/3/2011 after getting it tested and the blood was non-reactive. However, OP-4 did not supply the test report of the blood supplied to the complainants. Then the complainants filed the present complaint on 6/8/2013.