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2. Smt. Geeta Singh conceived for the fourth time and because of the previous unhappy episodes, this time, she consulted another lady Doctor, Dr. (Smt.) Kiran Verma on 13.9.1997 who prescribed some blood tests.

3. The complainant got his wife's blood tested on the same day in Sarkar Laboratories, which gave a report dated 13.9.1997 stating that the blood group was RH AB OA Negative. This blood report was totally at variance with the previous report given by the opposite party as far as Rh factor is concerned. While report given by the opposite party on 24.9.1991 showed the RH factor as positive the subsequent report of 1997 given by Sarkar Laboratories showed the Rh factor as negative. It is a well established fact that the Rh factor remains permanent and does not change in a person.

4. The complainant alleged that after the second report came, Dr. Kiran Verma told him that all the previous complications were because of the first wrong blood report which showed the Rh factor as positive whereas, in reality, it was Rh Negative. The treatment given by the earlier Doctor was on the basis of wrong blood report and hence the reasons for the complications could not be properly assessed. Further, even the fourth pregnancy could not be saved because the correct blood report was obtained at a later stage, and there was a delay in her treatment, which was based on an incorrect blood report, and complications had already started. Hence, the complainant approached the Bihar State Commission claiming a compensation of Rs. 10 lakh from the opposite party for having given a false blood report on an important matter like the Rh factor which prevented Doctors from taking appropriate line of treatment.

Findings:

6. We have carefully gone through the case record and heard the arguments. We find that the State Commission has failed to take into account some of the evidence on record and totally misjudged the issue. The complainant has brought to our notice that the third blood report dated 13.9.2002 from a Pathological Laboratory, Kumar Janch Ghar, Patna showing the blood group of Geeta Singh as: Rh Negative. Thus, there is no doubt that the first report given by the opposite party that the blood group as: Rh positive is totally a wrong report.

7. Secondly, all standard medical text books show that the Rh factor plays an extremely important role during pregnancy. When a person has got an Rh factor, the reports are written as Rh Positive, and when a person does not have an Rh factor, the report shows: Rh-Negative. More than 85% of the people are Rh-Positive. The Rh factor does not affect the person's general health but it plays an extremely important role during pregnancy. A woman is at risk when she has a Negative Rh factor and specially when her husband has a Positive Rh factor. This combination can produce a child who has a positive Rh factor. In this particular case, it is on record that the child born from the hird pregnancy is Rh Positive. Medical literature shows that when the baby and the mother have separate blood system (mother with Rh Negative factor and baby with Rh Positive fetor), there is possibility that the blood from the baby can enter into the mother's blood. This can cause the mother to create anti-bodies against the Rh factor, thus treating an Rh-Positive baby like an intruder in her body. These anti-bodies will then attack the Rh Positive baby's blood causing breaking down the Red Blood Cells and anemia will develop. This is known as Hemolytic foetus. In several cases, this Hemolytic disease can cause illness, brain damage and even death of foetus. Hemolytic disease can be prevented by appropriate medication but only when the Rh factor of the mother is correctly known. It is, therefore, quite evident since they had before them a wrong blood report about the Rh factor.