Supriya Gupta, Mr. Dharmesh Srivastava ... vs The Trustees Of Breach Candy, Mr. Ashish ... on 27 October, 2005
24. The
learned counsel for the opposite parties no.1 to 5 and 7 has relied upon the
decision of the Honble National Commission in Supriya Gupta vs The Trustees of Beach Candy Hospital & Research Centre,
Mumbai in O.P.No. 7 of 1997 decided on
27.10.2005. In that case, the
complainant had undergone coronary bypass surgery on 23.08.1995 and during the
post-operative stage it was found that he contracted Hepatitis and the level of
infection was very high and it was also found that he had an attack of serum
Hepatitis B. It was argued on behalf of the complainant that he had no past
history of Hepatitis and prior to surgery it was found negative and that he was
not admitted to any other hospital nor any treatment was administered to him
for any other illness and he contracted infection when blood was transfused to
him by the hospital. It was contended on behalf of the hospital that the
complainant had undergone tooth extraction and he did not submit the reports
prior to his admission and after he was discharged from the hospital. The
National Commission held that the complainant had not proved that he contracted
the infection while undergoing operation and not due to a) use of infected
needles whilst administering injection, b) blood transfusion-exposure to
infected blood products; c) sexual intercourse; d) undergoing a surgical
procedure or operation and e) by dental extraction.