Death due to mismatch in blood transfusion is medical negligence - NCDRC

BENCH: A bench of Justice RK Agrawal (President) and Dr. SM Kantikar (member).

A mismatch in blood transfusion resulting in the death of a patient will be considered medical negligence, reiterated by the National Consumer Disputes Redressal Commission (NCDRC). Therefore, the NCDRC bench directed a private hospital based in Thiruvananthapuram to pay compensation of ₹20 lakh along with ₹1 lakh litigation cost to the family of a woman who died there in 2002.

BACKGROUND

The deceased named Sajeena and her husband AK Nazeer were receiving infertility treatment at the Samad Hospital. After her surgery, a blood transfusion started, but she immediately developed complications. It was revealed that the complications were a reaction to faulty blood transfusion since she was B+ instead of O+. Sajeena died a few days later and, in view of the same, Nazeer filed a complaint before the State Commission of Kerala. He sought compensation of ₹45 lakh. The hospital, however, denied any allegations of blood transfusion and argued that Sajeena developed complications that were beyond their control.

The hospital further argued that the complications were promptly treated but the patient developed DIC. They even took expert consultation by referring the patient to a higher centre. 

The State commission directed the hospital and the doctors to pay ₹9.33 lakh to the family. Aggrieved by the decision, the hospital filed an appeal before the NCDRC.

The NCDRC said that usually cross-matched blood received from the back shall be transfused within 24 hours. However, in this case, there are no records of when the blood was brought from the bank. Hence, there is a possibility of error in the identification of the blood bags or identifying the patients. Moreover, the details of anesthesia and other evidence from experts showed that the reaction was caused due to mismatched blood that resulted in severe bleeding.

It, therefore, concluded the hospital staff is liable for the negligence and awarded Rs. 20 lakh as compensation and Rs. 1 lakh towards the cost of litigation