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MUMBAI: The state consumer commission has awarded Rs 7 lakh compensation to a 67-year-old Thane woman who contracted HIV from a blood transfusion received during a hip surgery in 2015.
Bringing to book Thanebased Kaushalya Medical Foundation Trust, Kaushalya Medical Foundation Trust Hospital, orthopaedic surgeon, Dr Sameep Sohoni and blood bank, Late Wamanrao Oak Raktapedhi, the commission said the woman not only suffered physically, but also socially. Considering her age and future health care needs, the commission ordered them to pay her Rs 6 lakh, besides Rs 1 lakh compensation for mental and physical agony.
The woman moved the Maharashtra State Consumer Disputes Redressal Commission in 2017. She said she received a blood transfusion during a right hip surgery in March 2015. In January 2016, when she underwent pre-surgery tests for her left hip surgery, she was found to be HIV positive. Alleging negligence during the blood transfusion, she sought compensation.
All the accused denied wrongdoing. The commission, however, referred to the demand form which stated: “I am aware of the fact that HIV may be transmitted during the window period of the HIV infection, when HIV antibody test done in the blood bank will be negative. In such circumstances blood bank will not be held liable.”
The commission pointed out this form had been signed by a doctor from the hospital and it did not bear the signature of the patient or close relatives. It said it was the duty of the doctors to inform the patient about the possibility of HIV transmission. The commission held this amounted to deficiency in service and upheld the woman’s plea.



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