SC dismisses the appeal of PGI, Chandigarh in consumer dispu

The Supreme Court has dismissed the appeal of the Post Graduate Institute of Medical Education and Research (PGI, Chandigarh) challenging the order of the National Consumer Disputes Redressal Commission vide which the institute was directed to pay a compensation of Rs 2 lakhs for transmitting wrong blood to a patient.

The Commission had upheld the order of the state commission directing the PGI to pay a compensation of Rs 2 lakhs along with a cost of Rs 5000.

The bench comprising Justices D K Jain and R M Lodha also imposed a cost of Rs 20,000 on the premier medical science institute of the country holding it guilty of medical negligence in transfusing wrong blood group contributing to the death of Harjeet Kaur who was admitted in PGI on April 19, 1996.

She was transfused A+ group blood on May 15, 1996 which was her blood group but on May 20, 1996 the patient was transfused B+ blood group following which her condition deteriorated and finally she died on July 1, 1996.

The apex court in its 14-page judgment written by Justice Lodha for the Bench noted ‘wrong blood transfusion is an error which no hospital/doctor exercising ordinary care would have made.

Such an error is not an error of professional judgment but in the very nature of things a sure instance of medical negligence.

The hospital’s breach of duty in mismatched blood transfusion contributed to her death, if not wholly but surely materially.

Mismatched blood transfusion to a patient having sustained 50 per cent burns by itself speaks of negligence.

Therefore in the facts and circumstances of the case, it cannot be said that the death of Smt Harjeet Kaur was not caused by the breach of duty on the part of the hospital and its attending staff.

We concur with the view of the National Commission as it des not suffer from any defect of law. In the result the appeal fails and is dismissed with costs which we quantify at Rs 20000.’ UNI