P.G INST of Medical Education and research v. Jaspal singh and ors

From Advocatespedia, ASSN: 136225
Jump to navigation Jump to search


Case: P.G INST of Medical Education and Research V. Jaspal Singh and Others (2009) INSC 1127 [29 May 2009].


Facts:


The basic facts of the case are: Smt. Harjit Kaur wife of complainant No.1 received the accidental burns while making tea on stove on March 30, 1996. She sustained 50% TBSA III burns involving both upper limbs and most of the upper limbs. The complainant No.1 taken her wife smt. Harjit Kaur to Dayanand Medical College and Hospital, ludhina and she is responding to the treatment very well. She was in Dayanand Medical College and Hospital upto April 19, 1996. The treatment in Dayanand Medical College and Hospital was very expensive so the complainant No.1 decided to shift his wife to PGI for treatment. On April 19 1996 complainant No.1 shifted his wife to PGI and Dr. varun klshrestha senior doctor department of plastic surgery attended to her. Day by Day her condition was improving very well. She was transfused the A+ blood group which was her blood group on May 15, 1996. On May 20 1996 after she was transfused the B+ blood group instead of A+ blood group which was her blood group. On the same day night her urine was reddish like blood and attendant nurse informed. Even though on next day 21 May 1966 again one bottle B+ blood group was transfused to her. Because of transfusion of mismatched blood her haemoglobin level fallen down into 5mg and urea level is high and also her kidney and liver deranged. The complainant No.1 submitted a written complaint to the head of the plastic surgery department, they conducted inquiry in that found the transfusion blood was mismatched. Day by Day patient health was deteriorating and she died on July 1 1966. The complainant No.1 filed complaint against PGI before state commission, complainants alleged that the Smt. Hrjit Kaur died because the negligence of Dr. varun kulshrestha and medical staff of PGI and they claimed 9 lacs for the loss of life of his wife Smt. Harjit Kaur. Dr. Varun kulshrestha filed reply to the complaint in that he stated that the although the patient was transfused wrong blood group but it was not negligence on part of him and he also stated that the care taken by him and other staff of PGI the patient became the alright and her haematological and biochemical parameters was normal she recovered from the transfusion of mismatched blood. However she did not died because of transfusion of wrong blood group she died due to septicaemia (blood stream infection) and therefore the complaint liable to be dismissed. After hearing the both parties and documents of concerning treatment of Smt. Harjit Kaur the deficiency and negligence of PGI and staff in transfusion of wrong blood to the patient and it resulted to death of Smt. Harjit Kaur. On February 1 2000 the state commission held that the PGI was liable to pay compensation of two lacs to the complainants 1/4th paid to the complainant No.1 and 3/4th was to be put in fixed deposit in the favour of her minor son Amandeep Singh (complainant No.2). the state commission also awarded 5000/-. Being aggrieved by the order of state commission the PGI filed appeal before National Commission but without any success. The learned counsel for PGI raised some contentions before National Commission that the cause of death of patient Smt. Harjit Kaur was septicemia or not mismatched blood. She recover from mismatched blood and her hemoglobi was also became normal and recovered and her vital organs functioning also normal. She died due to the burn injuries and there is no negligence on the part of PGI doctors and staff attending the patient. He relied upon two decision of this court namely Jacob Mathew v. state of Punjab and another, Martin FD Souza V. mohd. Isfaq. The aforesaid view of state commission the national commission held that the after hearing both parties and the facts and circumstances this is clearly negligence part of PGI doctors . being aggrieved by the National Commission the appellant PGI of Medical education and research chandigarh has challenged the order dated on sept 29 2000 passed by National Commission ( National Commission dismissed the appeal filed by PGI under section 21 of customers Act,1986 and directed the PGI to pay the PGI compensation 2 lacs to the complainant No.1 and No.2 and cost of 25000/-. So PGI (appellant) filed appeal by special leave before the supreme court.


Judgement:


After hearing both parties and recorded materials and documents it was held that the patients kidneys and liver was damaged because of transfusion mismatched blood in an inquiry it was found correct. Though it was arranged by the counsel for the appellant the percentage level was brought normal it was very clear to us that the internal liver and kidney functioning damaged after transfusion of mismatched blood was given. Though septicemia was ultimate cause for death, the Smt. Hajit Kaur was health took a nose dive only after the wrong transfusion of blood and this clearly states that the there is negligence on the part of PGI doctors and attending staff her. We concur that the view of the National Commission and did not suffer from any error of law. In the result the appeals fails and dismissed the appeal with the cost which we quantity at Rs.20000/-.