Hospital told to pay 10L to HIV-infected boy

Discussion in 'Politics & Society' started by Sridhar, Oct 4, 2012.

  1. Sridhar

    Sridhar House keeper Moderator

    Feb 16, 2009
    Likes Received:
    Prerna Sodhi, TNN | Oct 4, 2012, 08.22AM IST

    New Delhi: Delhi State Consumer Disputes Redressal Commission has ordered a government-run children's hospital to pay Rs 10 lakh as compensation to the guardians of a minor who contracted HIV due to blood transfusion during a surgery.

    The order comes after the guardians of the boy, who was three days old at the time of the operation, filed a complaint against Kalawati Saran Children's hospital (KSCH), and the HOD of paediatric surgery at Lady Hardinge Medical College & KSCH, Dr Ajay Kumar.

    Noting that the minor contracted a serious disease due to which he cannot survive long, the Commission has awarded Rs 10 lakh as compensation for "mental agony," "harassment," and litigation charges. The boy's parents had asked for a compensation of Rs 22 lakh along with Rs 30,000 as litigation expenses.

    The Commission referred the matter to the medical board of Maulana Azad Medical College, which said, "It was incumbent on the part of the doctor who transfused the blood to a patient, screening for HIV should have been done." There was nothing on record to show how the doctor came to the conclusion that the blood was not contaminated, said the order.

    The Commission was also shocked at the doctor's defence that the blood was tested at the blood bank and had no HIV infection. "It is very strange that Dr Ajay Kumar has not filed any affidavit to show that such a test was conducted by the blood bank," stated the order.

    Taking note of the evidence on record, the order said, the patient had an ailment called FUC-Diaphragmatic for which he was operated on June 12, 1998. It is on account of medical negligence that the minor has HIV.

    "The transfusion of the blood to the patient is not in dispute. Obviously, there is sheer medical negligence on the part of opposing parties in not examining the blood and ensuring that it does not contain any HIV infection," stated the order passed by Commission members VK Gupta and Salma Noor.

    The Commission also took into account that the child could not have inherited the ailment from his parents since there were "ample documents" to show that the parents did not have HIV infection in their blood.

    In the complaint the guardians stated that on June 12, 1998, a three-day-old baby was admitted to the children's hospital for a FUC-Diaphragmatic surgery . The parents were asked to release 1.5 ml of blood for the surgery. After the surgery , the child was discharged . However, the minor was again admitted to the hospital in August 1998 with the same problem along with a Mal rotation Adhesive Intestinal Obstruction due to which the child was not accepting feed. The guardians claimed that ever since the operation the child had not remained healthy and till 2005 he consistently suffered from fever, pneumonia and cough.

    In a joint statement to the Commission, the health ministry, the hospital, the doctor and the blood bank have denied all allegations. TOI received no response from the hospital on whether it has made appeals to higher commissions.

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    Hospital told to pay 10L to HIV-infected boy - The Times of India
  3. Defcon 1

    Defcon 1 Senior Member Senior Member

    Nov 10, 2011
    Likes Received:
    And with that ladies and Gentlemen, we have finally succeeded in putting a price on human life. Wondering why the doctor wasn't charged with manslaughter.
  4. drkrn

    drkrn Senior Member Senior Member

    Apr 15, 2010
    Likes Received:
    injustice has been done to the doctor

    In our country every donated blood packet should be thoroughly screened for
    .Hepatitis b&c
    which are mandatory
    • When and where the blood is required. RESPONSIBILITIESOFCLINICIANINCASE
    Ensure the correct storage of blood and blood
    Inform and explain to the patient or relatives about
    products in the clinical area before transfusion.
    the proposed transfusion of blood/blood
    products (Benefits & Risks) and record the same in Formally check the identity of the patients, the
    the patient’s file. Ensure proper identity of the patient
    product and the documentation at the patient’s
    & correctly complete a blood request form. Collect
    bedside before transfusion.
    the blood sample from the right patient in the right
    sample tube & correctly label the sample tube. Order
    Correctly record transfusion in the patient’s notes:
    blood in advance, whenever possible.
    • Reason for transfusion
    Provide the blood storage centre with clean
    • No. of units transfused
    information on:
    • Time of transfusion
    • The number of units required
    • Monitoring of the patient before, during and
    • The reason for transfusion
    after transfusion
    • The urgency of the patient’s requirement for the
    transfusion • Any adverse events.

    the same thing happened in my college. a person once got operated and after few years he was identified contracting HIV.he immediately claimed that its the negligence of the doctor by which he contracted HIV

    there was a high level inquiry with collector.even the internees who worked there few years ago were sent notices. WTF some person got HIV and claiming responsibility on a doctor why even courts wont understand the basic facts and declare doctor as guilty.


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