The complainant filed a complaint on 24.9.97 stating that under advice of Dr.Vimla and since she was pregnant, she approached the diagnostic center of Mr.R for the purpose of test of her blood group .On 3.12.95 the blood group of the respondent was 'O'RH negative .It was further stated in the complaint that the blood group of her husband was RH positive .As she was pregnant and the center of Mr. R had decleared the blood group of the complainant as negitive , therefore ,she had to under go antibody test and she had to take injection Antid 350 (Vinoblin ) one each before and after delivery of female child . It was further stated in the complaint that when th eblood group was tested in the unit of Dr. Vimla it was found to be of 'O' RH positive , therefore , the complainant approached again for confermatoin and as per report dated 11.8.97 it was found positive given by the Mr.R's center . thus because of earlier report dated 3.12.95 she ha dto take several precautionary medicines .thus the report was wrongly given and therefore the complaint filed a petition seeking compensation .
2007-11-14 17:10:42 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes this is a clear case of medical negligence, where on the first instance on 3.12.95 the blood report given by diagnostic centre of Mr.R stated that the blood group of the complainant/wife was O Rh-ve & her husband's group was O Rh+ve, on the basis of this blood report she had to under go antibody test & was given injection Antid 350 (Vinoblin) each before & after delivery of the female child. Now the question arises that was the second blood group test that was conducted in Dr. Vimal clinic/unit done before inducing the antibody test & giving of injection Vinoblin or after this process, secondly what was the reason that Dr. Vimal thought was necessary to conduct a second blood test, was it that this doctor had doubts of the blood group test conducted by the said diagnostic centre of Mr.R if so then was this second test before giving the antibody test & giving of injection Vinoblin if so then what was the reason to make this complainant/wife/patient undergo this test & giving her these injections, this amounts to clear negligence & medical misconduct on the part of this doctor too, but even if the said doctor conducted this blood group test after inducing all the antibody test & giving of injection Vinoblin then the doctor's competence will be in question as his such delayed decision to recheck the blood group test before conducting any antibody test & giving of these injection Vinoblin,that itself amounts to medical negligence on part of this doctor. In any case this doctor too can be held responsible for this medical negligence along with the diagnostic centre which gave two different reports regarding the blood group test of the same person, which is beyond any doubts is a medical negligence. In such a case considering the arguments I have given both this doctor & the diagnostic centre should be made respondent for damages for this medical negligence. I shall not comment on the quantam of damages that can be prayed or obtained as that will depend on the actual damages suffered by the complainant.
2007-11-14 17:56:00 · answer #1 · answered by vijay m Indian Lawyer 7 · 4⤊ 0⤋
Was the baby born with defects, or died? Was the mother harmed in anyway? If not--the "do no harm rule" is intact and there is no reason for any compensation since no "harm" was actually done to the mother or the child. The mistake about the blood types and the precautions the mother took are inconsequential.
2007-11-14 17:30:18 · answer #2 · answered by mac 6 · 1⤊ 0⤋
huh... ok from what i comprehend i do not imagine there must be repayment, the record tried to make positive the blood crew changed into perfect previously the start so i imagine he confirmed good faith and for this reason can't be responsible if the records changed into incorrect he did not in my view run the attempt on the lab
2016-10-24 06:43:51 · answer #3 · answered by Anonymous · 0⤊ 0⤋
How much real damage was done? If not much, no attorney is going to waste time on the case.
2007-11-14 17:16:23 · answer #4 · answered by Anonymous · 1⤊ 0⤋