V.CHITRALEKHA vs DIRECTOR AND SUPERINTENDENT, I.O.G.

AGGRIEVED by the order of the District Forum dismissing the complaint and directing the complainant to seek remedy in the Civil Court to prove the alleged medical negligence, the complainant has preferred this appeal.

THE case of me complainant is that she underwent total abdominal hysterectomy with B.S.O. (Bilateral Salgingo Oopherectomy) at I.O.G., Egmore, Madras, on 27.5.1995 One bottle of blood was given after surgery from the blood bank in I.O.G., Egmore. Inspite of having bouts of fever, shivering and heavy bleeding in the 9th day, she was discharged on 7.6.1995. She continued to have fever and developed high fever on 20.6.1995. On 22.6.1995 she was admitted in B.S.S. Hospital, Mandaveli, on an emergency basis. THE blood tests carried out there revealed Malaria and Hepatitis-B virus infection due to blood transfusion. THE blood tests carried out at Lister Laboratory showed high level of liver enzymes and Bihrubin. Liver Scan revealed considerable enlargement and damage of liver. She further alleged that the blood bank authorities at I.O.G., Egmore failed to screen the blood transfused for her and on account of that she suffered from Malria and Hepatitis-B virus infection. She spent more than Rs. 12,000/- for treatment in a private hospital and expected to spend another Rs.12,000/- for the next six months for follow-up and necessary treatment. She further stated that the opposite parties-Superintendent. I.O.G., Egmore, Madras, and the Health Secretary, Government of Tamil Nadu, Fort St. George, Madras never cared to reply the registered notice she sent to them. Considering the physical and mental sufferings she undergoes and threat to her life from Hepatitis-B virus infection she prayed for a compensation of Rs.4 lakhs.

The opposite parties contended that the complainant had hysterectomy at I.O.G., Egmore, on 27.5.1995. She had fever on the 1st and 5th post-operative days. She was normal until discharged after 10 days of operation. The blood transfused to the complainant belonged to "O" Group and belonged to one donor John Victor (Ex.B1) Bag No. 249 and was collected on 20.5.1995 and transfused on 27.5.1995 to the complainant. The blood transfused was thoroughly screened for all mandatory tests as a routine procedure. The donor is a voluntary regular blood donor and his blood was free from all transmissable diseases. After receiving the alleged complaint, the donor was called to report by the opposite parties and his blood was tested on 26.8.1995 independently at I.C.H. Egmore, and confirmed as negative. So, the opposite parties denied that the blood transfused on 27.5.1995 was the source and cause of Hepatitis-B virus infection and Malaria as alleged by the complainant.

THE District Forum heard the arguments and went through the available records and dismissed the complaint directing the complainant to institute proceedings before a Civil Court as elaborate oral evidences were needed to prove the alleged negligence of the opposite parties. Now in the appeal, the complainant appeared in person and put forth her allegations. She admitted that Hepatitis-B virus Ag test was not done at I.O.G., Egmore, before surgery.

THE opposite parties remained ex-parte. Admittedly, the complainant did not prove that she was negative for Hepatitis-B virus infection before surgery and blood transfusion. Hepatitis-B virus has a long incubation period of two to six months (Text Book of Microbiology by Anantharaman and Panicker). Incubation period is the duration of time taken by the micro organism from the time of entering the body till the apparent manifestation of the disease. So, here, the complainant failed to prove that she was not in the incubation period of virus Hepatitis-B infection, before surgery. In cases of Malaria, the prevalent species producing Malaria in India as Plasmodium Vivax and Plasmodium Faticiputum. Here, the incubation period is 10-14 days (Text book of Parasito-logy by K.P. Chatterjee).

IN the B.S.S. Hospital record (Ex. Al), under the heading Case, History, it is stated "patient got admitted with complaint of fever 2 days, high grade, intermittent associated with chills/rigor, vomitting + ; No history of cough with expectoration. Breathlessness(+) fewhours". So, there was a possibility of the complainant, acquiring Malarial infection even after discharge from the hospital. IN the B.S.S. Hospital record (Ex. Al) on the 2nd page, it is stated : "patient/ has post transfusion Malaria and possibily viral Hepatitis type B". This statement was not substantiated by oral evidence. So, the complainant did not prove her allegations against the opposite parties. 11.IN the result, the appeal is dismissed. No costs. Appeal dismissed.