MEENAKSHI vs SUREKHA SACHAR

TO promote and protect the rights of consumers as patients, a speedy, inexpensive and quasi judicial machinery of redressal agencies has been set up, empowered to grant reliefs provided under Section 14 of the Act. It is not at all inevitable that the Court would grant a certain amount of money because the same is claimed. It has to be seen in each case whether there was deficiency in service rendered. Any loss, its nature and degree has to be adjudged. Furthermore, what implications would arise in the day to day life of the patient, undoubtedly include financial loss, mental agony and social embarrassment. The situation would be reversed and the complaint is found to be frivolous and vexatious, and bona fide intentions are questioned without any evidence, would it be proved mat one has put allegations just for monetary gains, Section 26 of the Act comes to the rescue which depicts that as law abiding citizen and healthy consumer, one should never abuse the process of this Act. One should be ready to be handed over not only dismissal order but may have to pay costs and damages. Present is the case which falls in this category.

THIS appeal is by Mrs. Meenakshi, the complainant, challenging the order of District Forum, Jalandhar dated 2.6.1998, dismissing the complaint with damages of Rs. 5,000/- and Rs. 2,000/- as lawyer''s fee. The complaint was filed against Dr. Surekha Sachkar. Rs. 2 lacs were claimed on account of loss suffered due to negligent act of the doctor in administering wrong blood transfusion. Mrs. Meenakshi on 9.9.1996 was admitted in the hospital of Dr. Surekha with her actual blood group as B Positive. Dr. Surekha attended on her and after examination observed that it was a case of Secondary Post Partum Haemorrhage. It was decided to give her blood transfusion as she was bleeding profusely and was in critical condition. The blood group tests were carried out thrice at the hospital which showed her blood group as B Negative and subsequently she was given blood transfusion of B Negative. According to the complaint if a patient having blood group B Positive is given blood transfusion of blood group B Negative, it may cause danger to her life. After discharge from the hospital on 10.9.1996, the patient started feeling great restlessness and swelling in her body. In order to save her life, she had to get treatment from another doctor. As alleged in the complaint, this all happened due to wrong test of her blood group in the laboratory of the hospital of the opposite party. The case history of the patient revealed that the complainant had given birth to a male child on 11.7.1996 in Central Hospital and Maternity Home, Jalandhar where some unwanted material was allowed to remain in her uterus which had resulted in bleeding of and on, as a result of which she was hospitalised with opposite party where blood transfusion was carried out.

The opposite party contested the complaint and filed a written version, where it was stated that the complaint has been filed with mala fide intentions as baseless facts, without disclosing the-material facts. However, it was admitted that the patient was brought to her hospital in a critical condition with previous medical history of bleeding since her delivery on 11.7.1996 at Central Hospital and Maternity Home, Jalandhar. The cause of profuse bleeding was Secondary Post Partum Haemorrhage. In view of grave nature of the case, it was decided that blood transfusion was necessary to save the life of the patient. As such blood sample was taken and cross matelling was done. Blood group test was done thrice and all the time report came as B Negative so the B Negative blood group was given. After transfusion of two units of B Negative blood group, the condition of patient improved and she recovered well. She was discharged in fit condition on 10.9.1996 and was advised for follow-up. It was denied that there was any negligence in performing the blood transfusion. It was prayed that the complaint be dismissed with appropriate costs. Both the parties produced their affidavits. The District Forum dismissed the complaint as stated above.

LEARNED Counsel for the complainant- appellant argued that the blood group of the patient was tested thrice but all the time it came as B Negative. It shows that there was negligence on the part of the doctor in testing the blood because actually the blood group of the patient was B Positive. There is no force in this contention because R.H. factor can be influenced by medicines taken by the patient in case of bleeding of and on after the delivery on 11.7.1996, prior to grouping of blood. Medicine Ponstan taken during the pregnancy can influence the blood group testing : "Direct Cross-matching Test Four drugs which are particularly likely to cause problems in blood grouping and compatibility test are : (1) High molecular weight dextrans; (2) Methyldopa; (3) Mefenamic acid (Ponstan); (4) Penicillin in more than 20 mega unit doses daily."

The patient failed to give correct information about her actual blood group. No prior history sheet was provided to Dr. Surekha to know which medicines had been administered before and after the delivery. Considering the gravity of situation, the doctor acted diligently and efficiently, in carrying out blood transfusion. Her decision to administer B Negative blood group was based on the medical experts'' opinion all over the globe. In case of confusion or doubt regarding the R.H. factor a patient must be given R.H. Negative blood. R.H. Negative blood group given to the R.H. Positive patient is safe and never causes complications and incompatibility. The questions raised by Dr. Surekha Sachhar vide letter dated nil and the answers thereto given by Dr. R.K. Arora, M.D., P.C.M.S.-I, Assistant Professor, Blood Transfusion Deptt, Medical College/S.G.T.B. Hospital, Amritsar vide endst No. BB/266 dated 17.5.1997 are reproduced hereunder : Question Answer 1. Can a patient of B Positive 1. B positive blood group Blood group be patient can receive B given Transfusion of negative blood group blood of B Negative without any complications group ? 2. Can a patient develop 2. No complications can complications of Blood occur after about 6 Transfusion after about months receiving blood 6 months of receiving blood ?

IN case of medical negligence attributed to the doctor, heavy burden is cast upon the complainant to prove it. The Supreme Court has laid down the apparent case of medical negligence and others which are required to be proved by expert evidence in INdian Medical Association v. V.P. Shantha, III (1995) CPJ 1 (SC). The present is not a case of apparent negligence on the part of the physician as the life of the complainant was saved with great skill and effort of the doctor. This fact has been admitted herself by the complainant. Except the affidavit of the complainant, mere is nothing on the record to support the allegation that the cause of restlessness and swelling in the body was due to the wrong blood group transfusion. If the opposite party has given B Negative blood to B Positive patient, it has been recognised treatment and does not affect R.H. factor. Negligence cannot be attributed if a medical practitioner acts in accordance with the general and approved practice of profession. This is not a case where the reaction or any other complication arose just after the blood transfusion. After 15 days of her discharge from the hospital, she consulted another doctor for swelling and restlessness. The District Forum has rightly held that the complainant had failed to prove her case. We find no infirmity in the order. The order of the District Forum is just and proper. For the reasons recorded above, this appeal fails and is dismissed. Appeal dismissed.