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10. According to Shri Deshpande , the facts revealed that Archit's blood group detected as AB Rh Negative by the Op is an act of negligence and the omission of not giving Anti D injection within 72 hours of the first delivery of Medha were acts of negligence on the part of OP. The correct blood group of Archit was A Rh positive, while Mother Medha's blood group was AB Rh negative.

11. National Institute of Immunohemotology states that blood group of an individual remains the constant throughout his or her lifetime. Thus, it is submitted that the wrong committed by the OP in detecting the Blood group of Archit and his Mother was perpetuated into consequences at the second delivery of Medha resulted in mental anguish as child Harshada suffered hearing loss due to Rh incompatibility, Billirubin shown rising levels in Milligrams in Harshada Baby, and expenses of Rs.11,93,389 /- for operation for Cochlear implant occurred to the Complainant to treat Harshada at Hinduja Hospital apart from earlier expenses of caesarian operation at her second delivery for want of Anti D injection at proper time at the time of the first delivery.