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Blood
Bank


     

  • Sunita
    Vasant Heganawar & Ors.v.Miraj Medical
    Center


    1994 (2) CPJ 544: 1994 (3) CPR 214 (Mah
    SCDRC)

       

    More Details      Click
    Here


        

  • V.Chitralekha
    v. Director and Superintendent I.O.G. & Ors.

    1998(1)
    CPJ 124 (TN SCDRC)

       

    The complainant underwent hysterectomy and one
    unit of blood was transfused. It was alleged
    that because of the transfusion of unscreened
    blood she developed malaria and Hepatitis-B. The
    State Commission dismissed the appeal because;

       

    (I) the complainant did not prove that she was
    negative for Hepatitis-B virus infection before
    surgery;

      

    (ii) the infection of Hepatitis-B occurred
    before because of its known long incubation
    period;

      

    (iii) Possibility of acquiring malaria even
    after discharge from the hospital;

      

    (iv) the donor whose blood was transfused was
    again tested and found to be negative for both.

            

  • SMN
    Consumer Protection Council & Anr v Ganga
    Hospital & Anr

    1994(3) CPJ 237 (TN SCDRC)

     

    Patient underwent hysterectomy during which 2
    bottles of blood had to be transfused. Ten days
    after the operation the patient took ill and her
    blood tested Hepatitis B positive. It was
    alleged that the infection occurred because the
    blood was transfused without rechecking and
    rescreening for infection for infection of 
    Hepatitis B. The blood was supplied by a blood
    bank in a well known institution and screened
    for Hepatitis B , etc. A certificate was issued
    along with the 2 bottles. Also it is inadvisable
    to recheck and rescreen the blood for fear of
    contamination. The patient developed Hepatitis B
    10 days after the transfusion while the
    incubation period for the Hepatitis B virus is
    between 50-160 days . Also it is known that the
    Hepatitis B virus may occur through other means
    . The commission held that when a disease can
    occur through other causes as well it is for the
    complainant to prove that the particular act of
    the opposite party was the proximate cause of
    his ailment.

      

    Complaint dismissed.

         

  • T.Hareendran
    Nair v Dr P.Ashokan

    1995(1)
    CPJ 220 (Kerala SCDRC)

       

    The complainant’s wife had undergone an
    operation , during which four units of blood
    were needed . Three units were donated by
    relatives and one unit was purchased from a
    blood bank of the opposite party .It was alleged
    that the bottle was contaminated and resulted in
    Hepatitis B.

      

    The state commission held that it was not proved
    that the complainant’s wife was not a carrier of
    Hepatitis B .Also there are a number of ways how
    Hepatitis B can spread. Hence it cannot be
    proved that the infection occurred due to the
    blood obtained from the opposite party.

       

    Complaint Dismissed

          


         


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What is Law     Right of Doctors     Responsibilities     Negligence     Consents     Records     Cases
       
Legislations     Medical Ethics      FAQ’s

   
    

Blood Bank
     

  • Sunita Vasant Heganawar & Ors.v.Miraj Medical Center
    1994 (2) CPJ 544: 1994 (3) CPR 214 (Mah SCDRC)
       
    More Details      Click Here
        

  • V.Chitralekha v. Director and Superintendent I.O.G. & Ors.
    1998(1) CPJ 124 (TN SCDRC)
       
    The complainant underwent hysterectomy and one unit of blood was transfused. It was alleged that because of the transfusion of unscreened blood she developed malaria and Hepatitis-B. The State Commission dismissed the appeal because;
       
    (I) the complainant did not prove that she was negative for Hepatitis-B virus infection before surgery;
      
    (ii) the infection of Hepatitis-B occurred before because of its known long incubation period;
      
    (iii) Possibility of acquiring malaria even after discharge from the hospital;
      
    (iv) the donor whose blood was transfused was again tested and found to be negative for both.
            

  • SMN Consumer Protection Council & Anr v Ganga Hospital & Anr
    1994(3) CPJ 237 (TN SCDRC)
     
    Patient underwent hysterectomy during which 2 bottles of blood had to be transfused. Ten days after the operation the patient took ill and her blood tested Hepatitis B positive. It was alleged that the infection occurred because the blood was transfused without rechecking and rescreening for infection for infection of  Hepatitis B. The blood was supplied by a blood bank in a well known institution and screened for Hepatitis B , etc. A certificate was issued along with the 2 bottles. Also it is inadvisable to recheck and rescreen the blood for fear of contamination. The patient developed Hepatitis B 10 days after the transfusion while the incubation period for the Hepatitis B virus is between 50-160 days . Also it is known that the Hepatitis B virus may occur through other means . The commission held that when a disease can occur through other causes as well it is for the complainant to prove that the particular act of the opposite party was the proximate cause of his ailment.
      
    Complaint dismissed.
         

  • T.Hareendran Nair v Dr P.Ashokan
    1995(1) CPJ 220 (Kerala SCDRC)
       
    The complainant’s wife had undergone an operation , during which four units of blood were needed . Three units were donated by relatives and one unit was purchased from a blood bank of the opposite party .It was alleged that the bottle was contaminated and resulted in Hepatitis B.
      
    The state commission held that it was not proved that the complainant’s wife was not a carrier of Hepatitis B .Also there are a number of ways how Hepatitis B can spread. Hence it cannot be proved that the infection occurred due to the blood obtained from the opposite party.
       
    Complaint Dismissed
          

         

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By |2022-07-20T16:41:33+00:00July 20, 2022|Uncategorized|Comments Off on Doctor’s Favour / Blood Bank

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