Tata Memorial Hospital fined Rs 5.2 lakh for medical negligence

30 October, 2016

The State Consumer Disputes Redressal Commission, held Tata Memorial Hospital guilty of medical negligence which led to the death of the patient.

The commission, slapped a fine of Rs 5,20,000 for negligence, along with nine per cent interest rate on the amount from the year 2005.

"We have found that the caution put on haywire by the hospital as the patient was transfused with large doses of mismatched blood group by the pathology department of the hospital and also by the doctors working on the issue," said the commission.

Complainant in his complaint had alleged that there was gross medical negligence to determine the correct ABO group of blood of the patient, due to incompatible blood transfusion resulting in renal failure and death of the complainant's wife.

The case dates back to April 2005, when Madhuwala Choudhary (55) was admitted in the Tata Memorial Hospital in the Thoracic Unit of the department. The patient's treatment was initiated and on June 29, 2006, the hospital declared the patient as fit for trans thorascopic total esophagectomy operation. Accordingly the pre-operative processes, such as blood group test was performed on the patient. The pathology department had concluded the blood group to be B negative.

"Patient was operated on July 5, 2005 and 1400 ml of blood belonging to B negative group was transfused to the patient. The patient was admitted to the ICU till July 14, 2005 following which, she was admitted in the recovery ward till July 22, 2005. Later she was shifted to the semi-private ward and was admitted till July 28, 2005.

Post-treatment, the patient went back to her hometown in Jharkhand. However, her condition deteriorated," reads the complaint copy.

On September 21, 2005, Chaudharu was brought back to the hospital with precarious condition. "The lab technician of the pathology laboratory, had called the patient to the transfusion department with original case file. The lab technician tore the earlier report showing the blood group of the patient as B positive. On September 29, 2005, she died due to the large dose of B positive blood," said Barun Chaudhary, deceased's husband.

The commission had asked the hospital to file its reply, to which the hospital maintained that the complainant had failed to prove the case of medical negligence.

The commission after going through the evidence held the hospital guilty of medical negligence. "The wrong blood transfused caused imbalance of the function of kidney and liver, ultimately resulting in renal failure mentioned as cause of death. No special evidence is required to prove that incompatible blood transfusion inside the body of patient is hazardous," held the commission.