AFTER 20 YEARS
Boy given HIV+ blood gets ₹20 lakh, govt job
Sureshkumar.K@timesgroup.com
Chennai:21.07.2019
More than two decades after acquiring AIDS due to wrong transfusion of HIVinfected blood at the government-run Institute of Child Health and Hospital for Children in Chennai, the victim will receive a compensation of ₹20 lakh and a suitable government job, a city court ruled on Saturday.
“The doctors at the hospital who treated the victim are held liable for medical negligence and the hospital is directed to pay ₹20 lakh as compensation together with interest at 6% per annum from the date of filing of the suit till the date of realisation,” XVII additional city civil judge V Thenmozhe said. “This court would like to suggest that the government consider the victim’s case as a special one and appoint him in any post suitable for his educational qualification,” she said, directing the hospital to pay ₹1.5 lakh to the victim as cost of the suit.
In December 1998, the victim, then a six-month-old boy, was admitted to ICH over complaints of diarrhoea.
Hospital failed to prove blood was tested: Court
It was found that his small intestine and large intestine were intertwined and immediate surgery was required to set it right. During the surgery, he received a blood transfusion and was later discharged on March 11, 1999.
Two days after his discharge, he fell ill again and was admitted as an inpatient and treated for a few days. In September 1999, he suffered severe cold and swelling in the neck. ICH doctors advised his parents to take him to Thoracic Medicine Centre in Tambaram Sanatorium.
After several tests, Tambaram Sanatorium Hospital doctors informed the boy’s family that he was infected with HIV. The family moved the high court which suggested it move a civil suit for damages and directed the hospital to pay ₹50,000 towards medical expenses.
Opposing the demand, the hospital contended that blood used for the child was screened for HIV, Hepatitis B and other viruses. As per a SC direction all blood bags were screened for HIV and as per the Drugs and Cosmetics Act, records were to be destroyed after 5 years, Hence, records of 1999 were not available, it said.
Concurring with P Uma, counsel for the victim, the court said the hospital had not produced any documentary evidence to prove the blood transfused to the boy was tested/ screened to ensure it was not affected by HIV and other virus.
Noting that it is a frequent complaint that government medical institutions lacked adequate and proper qualified staff, equipment and maintenance, the judge said, due to such reasons people are forced to spend on private health care substantially.
Boy given HIV+ blood gets ₹20 lakh, govt job
Sureshkumar.K@timesgroup.com
Chennai:21.07.2019
More than two decades after acquiring AIDS due to wrong transfusion of HIVinfected blood at the government-run Institute of Child Health and Hospital for Children in Chennai, the victim will receive a compensation of ₹20 lakh and a suitable government job, a city court ruled on Saturday.
“The doctors at the hospital who treated the victim are held liable for medical negligence and the hospital is directed to pay ₹20 lakh as compensation together with interest at 6% per annum from the date of filing of the suit till the date of realisation,” XVII additional city civil judge V Thenmozhe said. “This court would like to suggest that the government consider the victim’s case as a special one and appoint him in any post suitable for his educational qualification,” she said, directing the hospital to pay ₹1.5 lakh to the victim as cost of the suit.
In December 1998, the victim, then a six-month-old boy, was admitted to ICH over complaints of diarrhoea.
Hospital failed to prove blood was tested: Court
It was found that his small intestine and large intestine were intertwined and immediate surgery was required to set it right. During the surgery, he received a blood transfusion and was later discharged on March 11, 1999.
Two days after his discharge, he fell ill again and was admitted as an inpatient and treated for a few days. In September 1999, he suffered severe cold and swelling in the neck. ICH doctors advised his parents to take him to Thoracic Medicine Centre in Tambaram Sanatorium.
After several tests, Tambaram Sanatorium Hospital doctors informed the boy’s family that he was infected with HIV. The family moved the high court which suggested it move a civil suit for damages and directed the hospital to pay ₹50,000 towards medical expenses.
Opposing the demand, the hospital contended that blood used for the child was screened for HIV, Hepatitis B and other viruses. As per a SC direction all blood bags were screened for HIV and as per the Drugs and Cosmetics Act, records were to be destroyed after 5 years, Hence, records of 1999 were not available, it said.
Concurring with P Uma, counsel for the victim, the court said the hospital had not produced any documentary evidence to prove the blood transfused to the boy was tested/ screened to ensure it was not affected by HIV and other virus.
Noting that it is a frequent complaint that government medical institutions lacked adequate and proper qualified staff, equipment and maintenance, the judge said, due to such reasons people are forced to spend on private health care substantially.
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