The Supreme Court has accepted the plea of a Mumbai-based woman seeking a higher compensation from a doctor who accidentally transfused HIV-infected blood into her. The doctor was treating the woman during her pregnancy when he transfused the blood into her, about twenty years ago. This eventually led to the death of her 5-month-old child.
The hospital had compensated her with Rs 5 lakh and commanded the doctor to pay her Rs.12,000 every month for her entire lifetime. However, the woman had appealed against this compensation as directed by the National Consumer Disputes Redressal Commission (NCDRC).
She is also demanding a compensation of Rs 19.78 lakh and an acceptance by the SC that both the blood bank and the doctor are responsible for her situation being an HIV patient as it was with their approval that she was transfused with HIV-positive blood when she was operated on January 21,1977.
The SC has appointed a bench headed by Justice Madan B Lokur who has issued a notice to the doctor and the owner of the blood bank asking for their argument on the incident. The accused doctor has once earlier objected to the commission’s claim that he did not seek consent from the woman or her husband.
The petition was filed by the woman with the help of the Lawyer’s Collective. The woman has objected to the commission that rejected the medical evidence produced by her that proved that she was tested HIV negative after her operation during pregnancy. She was found to be HIV negative during pregnancy. The presence of HIV in her and the child was established four months after the delivery.
Picture credit- IBTimes Singapore