M CHINNAIYAN Vs. GOKULAM HOSPITAL

JUDGEMENT

(1.) The complainant's wife R. Lalitha while taking treatment for abdominal pain in the 1st opposite party Sri Gokulam Hospital was advised to undergo hysterectomy. She underwent that operation in December, 1992. According to the complainant his wife was transfused 2 units of blood in the post operative period in that Hospital. The blood was obtained from the 2nd opposite party Queen Mary's Clinical Laboratory. Apart from the uterine problem, the complainant's wife had no other illness. In mid 1994 she developed recurrent loose motion, weight loss, recurrent respiratory infection and difficulty in swallowing. For this a blood test as well as an Elisa Test were done. The Elisa Test done by the 2nd opposite party showed that HIV (Human Immunodeficiency Virus) antibodies were present. The virus leads to the disease called "acquired Immuno Deficiency Syndrome (AIDS)". When it was found that the complainant's wife had been infected with the AIDS virus, she was referred to the YRG Centre for AIDS Research and Education for confirmation whether she had been infected by a reliable test. This test was done in June, 1994 and it was confirmed that the complainant's wife had HIV infected. Since then, she was under the care of YRG Centre and she was given medical treatment. In July, 1995, the complainant's wife developed left sided hemiparesis, oral candidiasis, pulmonary tuberculosis and CMV retinitis. She was hospitalised in July, 1995 in CSI Kalyani General Hospital, Madras. She went unconscious. A CT Scan was done and it was diagnosed as glioma of the brain. She was admitted then in Raju Hospital at T. Nagar, Madras on 12.8.1995 and died on 16.8.1995.

(2.) The YRG Centre opined that the infection namely the Pulmonary Tuberculosis, Oral candidiasis, CMV retinitis and gasteroenteritis were all related to the immuno suppressive effect of HIV. In other words all the diseases had attacked her body and the body's immune system had been completely destroyed by the virus called Human Immunodeficiency Virus. She was infected with HIV only on account of the negligent manner in which the blood transfusion was done by the opposite parties after the hysterectomy surgery done in December, 1992. The complainant had paid the 2nd opposite party charges for the blood and the 1st opposite party for the charges for their treatment and operation. The 2nd opposite party who supplied the blood had not tested the blood to ensure that the blood was free from the deadly HIV, and the blood had contained HIV antibodies. The 1st opposite party Hospital also had not ensured that the blood that was transfused was free from HIV/aids. There was thus gross and patent negligence on the part of the opposite parties in transfusing the blood which had been infected with HIV and that blood caused the death of the complainant's wife. The complainant and his wife had led a clean life and there was absolutely no other reason for getting HIV infection. It is well known that the persons who are infected with HIV develop complications subsequently. The virus remain dormant in the body and strikes the body's immune system later. The period between the entry of the virus and onset of the disease could be several years depending on several factors.

(3.) The complainant's wife was working as Secondary Grade Teacher in the Government High School, and she was 51 years old at the time of her death. The last pay drawn by her was Rs.1,850/- per month. She had more than 6 years of service left. Both herself and her family members had undergone untold mental agony and sufferings. On these grounds alleging deficiency in service on the part of both the opposite parties the complaint has been filed claiming compensation under different heads all totalling to Rs.6,50,000/-.