The child hospital, affiliated to Lady Hardinge Medical College, and its doctor Ajay Kumar were held guilty by the commission of committing "sheer medical negligence" in giving the HIV-infected blood to the then three-day-old child.
A bench of commission's judicial member V K Gupta and member Salma Noor held the hospital guilty of negligence relying upon the documents of the medical history of the now 14-year-old boy, his parents and the expert opinion of the Medical Board of Maulana Azad Medical College.
It held the hospital and the doctor jointly and severally liable to pay the compensation.
"It was the duty of opposite party 3 (Dr Kumar) and 2 (hospital) to examine the blood to come to a certainty that it does not contain any HIV infection. The transfusion of the blood to the patient is not in dispute. Obviously, there is a sheer medical negligence on the part of the opposite parties 2 and 3 in not examining and ensuring that the blood does not contain any HIV infection.
"Initially the patient had the ailment of diaphragmatic hernia and his operation was conducted on June 12, 1998 when he was three-day-old and on account of medical negligence, he now has the ailment of HIV. (More)
