Complaint filed on: 08-12-2020

                                                      Disposed on: 16-02-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

CC.No.80/2020

DATED THIS THE 16^th DAY OF FEBRUARY, 2022

PRESENT

SRI.KUMARA.N, B.Sc., L.L.B, PRESIDENT (I/c)

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

Complainant:-

Smt.Veena

W/o Krishnamurthy.C.B,

Aged about 36 years,

R/at Chandrashekarapura village,

(C.S.Pura), C.S.Pura hobli,

Gubbi taluk, Tumkur district

 (By Sri.S.G.Umesh, Advocate)

V/s

Opposite parties:-                                 

1. Lalitha Hospital and Research Centre, Behind Akkamahadevi Samaja, 1^st Cross, Vinayakanagar

Tumkur-572101

Represented by its Manager

Dr.Gireesh.A.S. MBBS, MD Medicine

Consultant physician,

Cardiologist & Diabetologist, 

KMC Reg.No.60929

2. Belli Blood Bank,

In front of Govt. Hospital, Behind Jain Medicals, Near VIN Motors, 3^rd main, Gandhinagar, BH Road, Tumkur

Represented by it’s Manager Sri.Lokesh (Bellilokesh)

(OP No.1-by Sri.Thimmaiah.M, Advocate)

(OP No.2-In person)

ORDER

SRI.KUMARA.N, PRESIDENT (I/c)

This complaint is filed under Section 35 of the Consumer Protection Act, 2019 to direct the Opposite parties (hereinafter called as OP Nos.1 and 2) to pay compensation of Rs.35,00,000-00 with interest @ 18% p.a. from the date of presentation of this complaint till realization of the amount; pay a sum of Rs.10,00,000-00 as damages to the complainant for mental and physical agony, losses and sufferings, suffered by the complainant due to negligence of OPs, pay double the amount of Rs.2,75,000-00 which complainant has spend towards, treatment, medicine and other incidental expenses and award costs and litigation expenses and grant such other relief in the interest of justice and equity.

2. It is the case of complainant that the complainant Smt.Veena w/o Krishnamurthy was suffering from viral fever, for treatment the complainant had visited the 1^st OP-Lalitha Hospital and Research Center on 4-7-2019. The complainant was suffering from viral fever and consultant doctor Dr.Gireesh.A.S, MD Physician of 1^st OP suggested to admit in the 1^st OP hospital and in turn admitted as inpatient No.1865 on 4-7-2019 and discharged on 12-7-2019 during these days the complainant undergone for treatment under 1^st OP hospital. Initially the 1^st OP hospital had charged for Rs.4,436-00 for OPD fee, lab fee and other medicine charge. Further on 4-5-2019 the complainant blood sample has taken for testing and examination of complainant symptoms of illness, said blood sample tested/ diagnosed in Lalitha Diagnostics of 1^st OP hospital at Tumkur. As per blood report dated 4-7-2019 disclosed in message: Lymphopenia Monocytosis Eosinophilia Anemia Hypochromia Macrocytosis Anisocytosis Macrocytes thrombocytosis and Blood grouping “AB” RH typing “Positive” authenticated by it operator.  Accordingly the 1^st OP consultant doctor had recommended to transfuse three units of AB+ positive to the complainant for speedy recovery in turn three units of AB+ blood transfused to the complainant by the 1^st OP hospital, which was supplied by the 2^nd OP-Belli Blood Bank as per the 1^st OP consultant doctor/physician requisition form  on 5-7-2019, 8-7-2019 and 10-7-2019 for that the 2^nd OP had charged Rs.1300-00 per unit accordingly the complainant had paid Rs.3299-00. Further as directed by the 1^st OP the complainant paid Rs.2522-00, Rs.2387-00, Rs.2527-00, Rs.2273-00, Rs.2439-00, Rs.1959-00 and Rs.5526-00 on 6-7-2019, 7-7-2019, 8-7-2019, 9-7-2019, 10-7-2019, 11-7-2019 and 12-7-2019 respectively towards two lab test and medicines charges. Even after eight days, the complainant has not sustained from illness and suffered lots and 1^st OP hospital treatment was not successful from recovering the complainant illness, severe anemia/ dengue fever for which the 1^st OP consultant doctor/physician diagnosed and given treatment to the complainant. Further the 1^st OP consultant doctor/physician discharged the complainant on 12-7-2019 wherein discharge summary 1st OP not disclosed the treatment given to the complainant during 4-7-2019 to 12-7-2019 and given the 1^st OP hospital consultant doctor/physician not advised the complainant properly regarding what precautions should take after discharge or in case any issue on health. The complainant further submitted that, after discharged from the 1^st OP hospital, the complainant has unpleasant of coughing, chest pain, weakness and deep breathing etc. for that the complainant approached the ESIC Medical College, PGIMSR and Model Hospital, Rajajinagar, Bengaluru for further treatment on 17-7-2019 wherein the complainant blood sample drawn for examination and result of her blood group was O+ (O-positive), accordingly as a treatment complainant had transfused three unit O+ (O-positive) blood for which the complainant had paid Rs.1,950-00 bill no.A03969 on 20-7-2019 and Rs.1950-00 bill no.A04026 dated 22-7-2019 issued by Rotary Bangalore-TTK blood bank, Bangalore Medical Service Trust, New Thippasandra Main Road, HAL III stage, Bangalore. Since the complainant was not sustained from her illness and discharged on 25-7-2019 as per the discharge summary, the complainant diagnosed as she was evalued for autoimmune hemolytic anemia and advised the complainant for further hematologist opinion at M.S.Ramaiah Hospital for further evaluation. Further treatment on 7-9-2018 and 11-9-2019 complainant undergone for blood test and ultrasound abdomen & Pelvic in M.M.Multispecialty hospital, Kunigal and Dhanvantri Scan Centre, Bangalore respectively for which the complainant paid Rs.1,470-00. In spite of all efforts and treatments taken by complainant the complainant did not recover and developed tiredness, jaundice and other side effects as such the complainant had suffered physically and mentally resulted in depression, looking into complainant condition her beloved husband, children and family members were upset and worried lot regarding life of the complainant. Finally as last option on 23-9-2019 the complainant went to St.Johns Medical College hospital, Bengaluru and admitted as inpatient as complainant suffering from fever and tiredness, as a result the complainant was treated as a inpatient from 23-9-2019 to 2-10-2019 and discharged on 2-10-2019. During this period the complainant has paid admission deposit of Rs.5,000-00 receipt no.24823626 dated 23-9-2019, paid inpatient deposit Rs.18,000-00 receipt no.24826219 dated 27-9-2019, Rs.5,000-00 receipt no.24826893 dated 28-9-2019, Rs.4,673-00 receipt no.24828895 dated 2-10-2019 towards medicine apart from hospital expenses the complainant had incurred other expenses. After discharging on 2-10-2019 the complainant took treatment in St.Johns Medical College, Hospital as outpatient no.4354180 for general treatment and spent medical expenses more than Rs.91,881-00. The complainant further submits that, wrong group of blood i.e. AB+ (AB positive) transfused to the complainant in 1^st OP hospital which was supplied by the 2^nd Belli blood bank on 5-7-2019, 8-7-2019 and 10-7-2019 as directed by consultant doctor/physician of 1^st OP hospital. Further submits that Belli Blood Bank/2^nd OP not taken care and caution and issued three units of blood AB+ (AB positive) without examining the complainant blood consequently the 2^nd OP had committed contributory negligence by issuing three units of blood without authority or against the medical reference. 

3. Further the complainant submitted that the complainant was hale and healthy since prior to admitted in 1^st OP hospital and did not had any health issues rather than viral fever or small health issues. When the complainant visited the 1^st OP hospital for treatment of viral fever, fear of her life the complainant was agreed to admit in the 1^st OP hospital by excepting better treatment, after the act of 1^st OP hospital i.e. wrong blood grouping and mismatch i.e. AB+ positive instead of O+ positive and transfused three units of AB+ positive blood and given wrong treatment accordingly the complainant, which cause unexpected disease i.e. Jaundice, Autoimmune hemolytic anemia and related illness. Due to 1^st OP hospital medical negligence and wrong treatment the complainant suffered and the complainant spent Rs.58,952-00 towards hospital charges and other incidental expenses during 4-7-2019 to 12-7-2019. Further for treatment in St.Johns hospital complainant spent more than Rs.91,881-00 towards medicine and also Rs.45,000-00  towards other expenses like travel, lodge etc. Even today, the complainant is spending for her treatment due to 1^st OP negligence. The complainant further submits that transfusing of wrong group of blood would cause death of complainant. If the complainant did not take treatment periodically in St.Johns Hospital, the complainant’s life would have end by this time which cannot be compensated in terms of money as such the complainant is claiming compensation of Rs.35,00,000-00 towards suffering of both physically and mental agony. In order meet out expenses for her treatment from 4-7-2018 to till today the complainant spent Rs.2,75,000-00 for that the complainant had pledged gold ornament and sold immovable property. On 28-10-2020 the complainant has issued legal notice to OPs, in spite of legal notice served to OPs, the OPs have failed to reply to legal notice or pay compensation. Hence, this complaint.

          4. After service of the notice, the 1^st OP has appeared through its learned counsel and filed objection contending that allegations made in the complaint in para no. 3 to 14 are not correct and false allegations hence all are denied as false and not within the knowledge of 1^st OP. The 1^st OP further admitted that the 1^st OP hospital transfused three units of AB+ (AB positive) to the complainant which were supplied by Belli Blood Bank on 5-7-2019, 8-7-2019 and 10-7-2019 is positive act. The 1^st OP hospital taken all care and caution and further stated as the 2^nd OP Belli Blood bank had committed contributory negligence and issued two units of blood without authority or against the medical reference. Henceforth the 2^nd OP Belli Blood bank is only liable for negligent, wrongs etc. hence the 1^st OP hospital is not responsible and not committed any negligence. Further submitted that the 1^st OP consultant doctor/physician referred to Lalitha Diagnostics, 1^st Cross, Vinayakanagara, Tumakuru for blood test and as per the said blood report of complainant dated 4-7-2019 it was disclosed in message: Lymphopenia Monocytosis Eosinophilia Anemia Hypochromia Macrocytosys Asocytosis Macrocytes thrombocytosis and hence the 1^st OP hospital suggested for a blood transfusion for the deficiency of the proportion of the blood in the human body which was lesser than the normal range and hence 1^st OP hospital referred the complainant for cross matching of the blood by giving samples of the blood of complainant and after cross matching brought the two units of AB+ positive blood from the 2^nd OP Belli Blood bank, since the 2^nd OP Belli Blood bank  which is having good reputation in the locality expertise in the transfusion of the blood by highly specialized lab technicians and hence 1^st OP hospital believed the report of the Belli Blood bank and transfused blood to the complainant for testing purpose and two units of AB+ positive blood transfused and no reactions noted during blood transfusion of said blood. The 1^st OP hospital is having good reputation and highly specialized in the medical field and hence if anything has occurred in the body of complainant, the 1^st OP hospital is not responsible. The 1^st OP further submitted that the main duty of the doctor or experts while treating the patients in that if any person is diagnosed for some disease and if anything is required they will refer to the concerned authority and the said authority should take proper careful caution while investigation of the blood. Further submits that Belli Blood bank should have investigated and cross matched the blood group of the complainant and ought to have submitted the proper group along with the sample of blood and hence the deficiency is caused by the 2^nd OP Belli Diagnostic. The 1^st OP hospital given better treatment to complainant which is having good reputation and highly specialized in the medical field but the same is misused by complainant and filed false case hence the complaint is not maintainable. Hence, the 1^st OP hospital prayed to dismiss the complaint with cost.             

          5. After service of notice the 2^nd OP did not appear and placed exparte. Later on 18-1-2022 the 2^nd OP Manager Sri.Lokesh has appeared and filed an application under Order 9 Rule 7 r/w Section 151 of CPC to set aside the exparte order accordingly exparte order set aside and version filed by the 2^nd OP taken into record. Wherein the 2^nd OP contended that we received requisition form dated 5-7-2019 from 1^st OP hospital stated that “supply three units AB+ positive blood” accordingly cross matching of blood test done with the blood sample sent by 1^st OP hospital and supplied three units of AB+ positive blood to 1^st OP hospital on 8-7-2019 and 10-7-2019 and accordingly the 2^nd OP blood bank has prayed to dismiss the complaint against the 2^nd OP as there is no deficiency or negligence on their part.

6. The complainant has filed his affidavit evidence and documents which were got marked Exs.P1 to Exs.P65 (A). On behalf of the 1^st OP hospital one Dr.Girish.A.S, has filed affidavit and on behalf of 2^nd OP one Lokesh, Manager has filed affidavit and produced three documents i.e. blood request form, Blood cross matching reports and blood issue registers.   

          7. We have heard the oral arguments of the complainant counsel, 1^st OP and 2^nd OP and written arguments submitted by the complainant and 1^st OP and the points that would arise for determination are as under:

1) Whether the complainant proves that there is     

   deficiency in service/medical negligence on the part   

  of OPs?

2) Is complainant entitled to reliefs sought for?  

8. Our findings on the aforesaid points are as follows:

Point No.1: In the positive    

Point No.2: In the positive for the below  

REASONS

          9. Point No.1 and 2: The learned counsel for the complainant has vehemently argued that the complainant admitted in the 1^st OP hospital as inpatient from 4-7-2019 to 12-7-2019 due to viral fever. On 4-7-2019 the 1^st OP hospital consultant doctor/ physician has advised for blood test of complainant accordingly blood sample drawn by the 1^st OP hospital diagnostic center and result of the blood sample of complainant was AB+ (positive) accordingly the consultant doctor/physician recommended to transfuse three units of AB+ (positive) blood to the complainant for speedy recovery in turn on 5-7-2019, 8-7-2019 and 10-7-2019 three units AB+ (positive) blood which was supplied by the 2^nd OP-Belli Blood bank transfused to the complainant and finally on 12-7-2019 the complainant discharged, but the complainant not recovered. The complainant approached the ESIC Medical College, PGIMSR and Model Hospital, Rajajinagar, Bengaluru for further treatment on 17-7-2019, accordingly the complainant has admitted as inpatient and blood test conducted and result was O+ (positive). The complainant was treated in the said hospital from 17-7-2019 to 25-7-2019 and discharged on 25-7-2019. Further as advised by the consultant doctor, the complainant undergone for blood test and ultrasound abdomen & Pelvic in M.M.Multispecialty hospital, Kunigal and Dhanvantri Scan Centre, Bangalore respectively and the result of blood group O+ (positive). The complainant further hospitalized in St. Johns Hospital, Bengaluru for further treatment for the period from 23-9-209 to 2-10-2019. The complainant counsel stated that due to wrong blood group and mismatched the complainant’s blood as AB+ (positive) instead of O+ (positive) and transfused three units of AB+ (positive) blood to the complainant caused side effects and made the complainant to suffer. For the side effect due to wrong blood transfusion by the 1^st OP hospital which was supplied by the 2^nd OP-Belli blood bank and the complainant has spent Rs.2,75,000-00 for the treatment. The act of 1^st and 2^nd OPs affected the complainant and resulted in medical negligence, deficiency in service.

          10. The 1^st OP hospital counsel has argued that the 2^nd OP-Belli Blood bank supplied the AB+ (positive) blood without test and proper care, the 2^nd OP has committed mistake. The 1^st OP hospital is having good name and reputation by having expert doctors and other infrastructure. The 1^st OP hospital has taken care of the complainant during her stay in the hospital and good treatment given. Further submitted that in this case treated hospitals 1) ESIC Medical College, PGIMSR and Model Hospital, Rajajinagar, Bengaluru and 2) St. Johns Hospital, Bengaluru, were not impleaded as necessary parties by the complainant accordingly the complaint is not maintainable and prays to dismiss the complaint against the 1^st OP hospital.

          11. The 2^nd OP Manager has argued that ours is reputed and functioning as per guidelines of NACO, Ministry of Health and Family Welfare, Govt. of India, New Delhi. As there is no direct contact between the complainant and us, we received the blood samples of complainant and blood request form from the 1^st OP hospital which was signed by the 1^st OP hospital consultant doctor/physician stating that issue three units of AB+ (positive) blood, accordingly after blood compatibility test conducted by using blood samples supplied by the 1^st OP hospital, on 5-7-2019, 8-7-2019 and 10-7-2019 three units of AB+ (positive) blood issued to the 1^st OP hospital along with compatibility test report. There is no negligence and deficiency of service on our part hence, he prays to dismiss the complaint. 

          12. The 1^st OP hospital counsel in version at page no.4 submitted that medical treatment and blood test conducted in hospital, mismatched the blood as AB+ (positive) instead of O+ (positive) and which was transfused, was created story of the complainant. On contrary in page no.7 of version stated as the 2^nd OP-Belli Blood bank having reputation and expertise in transfusion of blood by having specialized technician, by believing that the 1^st OP has transfused the blood supplied by the 2^nd OP and at that time it was positive act. Further in reply notice dated 28-12-2020/Ex.P65 the 1^st OP hospital admitted that the complainant admitted on 4-7-2019 as inpatient and discharged on 12-7-2019, and blood test report of complainant was AB+ (positive).

          13. The four main blood types are A, B, AB and O. If you are type A your red blood cell have proteins attached them known as antigens. Type B blood cells carry B antigens, type AB blood has both A & B antigens and O type blood has neither A nor B antigens. (treatment of anemic patients making it the most common medical procedure in hospitalized patient. Accordingly the complainant produced Ex.P1, Ex.P3, Ex.P4 and Ex.P65 which was discharge summary, blood test report, receipt of OP2 for supplied AB+ (positive) blood and reply notice of 1^st OP hospital admitted that the complainant admitted in the 1^st OP hospital on 4-7-2019 to 12-7-2019, diagnosed as severe anemia/dengue which proves that the complainant admitted in the 1^st OP hospital for treatment and test report of blood reported as AB+ (positive).   

          15. The complainant produced Ex.P19A, Ex.19B and Ex.20A which were blood test reports of complainant by M.M. Multispecialty hospital, Kunigal and Dhanvantri Scan Centre, Bengaluru respectively stated as “the complainant blood group as O+ (positive)”. The documents produced by the complainant Ex.18A and Ex.P21 which were case summary and discharge records of complainant in ESIC Medical College and St.Johns Medical College respectively and Ex.P16 and Ex.P17 which were receipts of Rotary Bengaluru, TTK Blood Bank, supplied O+ (positive) blood to treat the complainant in the above said hospital for further treatment after discharged from the 1^st OP hospital, which proves that as alleged by the complainant the 1^st OP hospital wrong grouped/ mismatched the complainant blood group as AB+ (positive) instead of O+ (positive) that leads to the 1^st OP hospital has committed gross negligence.

16. In an ABO in compatibility reaction our immune system attack the new blood cells and destroy them accordingly if you have “O” blood which has no antigens can receive only type “O” blood.  Accordingly red cells compatibility patient with blood group “O+” (positive) should be transfused “O-“(negative) or “O” (positive). (www.lifeblood.com.au and www.clinicaldata.nzblood.co.nz)

17. Transfusion reaction:- Antibodies in the recipient’s blood can attack the donor blood if the two are not compatible, if the receipts immune system attacks the red blood cells of the donor is it called as a “hemolytic reaction” and possible complication of a transfusion reaction are;

• Acute kidney failure
• Anemia
• Lungs problems
• Shock

18. The complainant produced Ex.P18 and Ex.18a which were discharge summary of complainant in ESIC Medical College, PGIMSR and Model Hospital, Rajajinagar, Bengaluru which proves that the complainant went for further treatment as she suffered due to wrong blood transfusion. Wherein brief history/ finding of admission: diagnosis as “Autoimmune hemolytic anemia” which was symptoms /reactions due to wrong blood transfusion.

19. Auto immune hemolytic is a rare red blood cell disorder and an immune disorder. It happens when the body produces antibodies that destroy the red blood cells. Hemolytic anemia develops when there are not enough red blood cells because of the body destroy them sooner than it should. (www.medicalnewstoday.com).                            

           20. The patient once admitted to such hospital, it is the responsibility of the said hospital or medical institution to satisfy that all possible care was taken and no negligence were involved in attending the patient.

          21. The 2^nd OP has produced Ex.R1 to R3 which were requisition forms sent by the 1^st OP hospital consultant doctor/ physician for supply of three units of AB+ (positive) blood, compatibility test reports and copy of issue register which proves that the 2^nd OP has supplied three units of AB+ (positive) blood along with compatibility test report which were carried out with the blood sample sent by the 1^st OP hospital, to the 1^st OP hospital on 5-7-2019, 8-7-2019 and 10-7-2019 which proves that the 2^nd OP has not committed any negligence and deficiency of service.

          22. The allegations of 1^st OP hospital counsel that non-joinder of treated hospitals, this commission is in the opinion of the law with regard to the non-joinder of necessary party under code of Civil Procedure Order 1 Rule 9 and Order 1 Rule 10 of the CPC, there also even no suit shall fail because of mis-joinder or non-joinder of parties. It can be proceed against the persons who are parties before the court. Even the court has power under order 1 Rule 10 ® to give direction to implead a person who is necessary parties in case the complainant fails to substantiate the allegation, then the complaint will fail. In fact once a claim petition is filed and the claimant has successfully discharged the initial burden that the 1^st OP hospital was negligent as a result of such negligence the patient suffered then in that case the burden lies on the 1^st OP hospital who treated that patient that there were no negligence involved in the treatment. The burden is greater on the 1^st OP hospital then that of the claimant.

          23. The complainant produced Ex.P2, Ex.P4 to Ex.P17 and Ex.P20B, Ex.P22 to Ex.P58 (A) which were hospital bills of complainant which proves that the complainant spent Rs.2,75,000-00 towards lab test, medicine and other medical treatment. Ex.P1 and Ex.P15A which were discharge summary and Discharge bill of complainant which proves that as alleged by the complainant the 1^st OP hospital has not disclosed the details of treatment given, future advise in case of adverse effects and bill was not proper.  Further the complainant has produced Ex.59 and Ex.P60 by the complainant has pledged the gold ornaments in Prem Bankers and obtained loan of Rs.40,000-00 and Prem Bankers issued final notice of repaying the said amount, it proves that the complainant suffered financially and arranged the amount for her treatment.

24. The complainant has asked for compensation of Rs.35,00,000=00 with interest @ 18% p.a. and damages of Rs.10,00,000-00 towards mental and physical agony, losses and suffering. In this regard, the complainant has approached this Commission for the medical negligence and deficiency in service on the part of the 1^st OP hence, the complainant has not produced sufficient material to award compensation of Rs.35,00,000=00. By considering severity of side effects and other factors due to wrong blood transfusion the 1^st OP hospital is liable to pay compensation of Rs.1,25,000=00 and litigation cost of Rs.15,000=00. Hence, we proceed to pass the following;

ORDER

The complaint is allowed in part with cost.

The 1^st OP–Lalitha Hospital and Research Center, Tumakuru is directed to pay Rs.2,75,000-00 to the complainant within 30 days from the date of this order, otherwise, it carries interest @ 8% per annum from the date of complaint till its realization.

It is further ordered that the 1^st OP hospital liable to pay an amount of Rs.1,25,000=00 as compensation along with litigation cost of Rs.15,000=00 to the complainant within 30 days from the date of this order till its realization.

 In case the 1^st OP hospital fail to pay the said amount i.e.Rs.1,40,000=00 within the stipulated period of 30 days, it carries interest @ 8% p.a. from the date of filing the complaint till the date of payment.

The complaint against the 2^nd OP is dismissed.

Furnish the copy of order to the complainant and opposite parties at free of cost.

(Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 16^th day of February, 2022).

LADY MEMBER                                  PRESIDENT (I/c)