Patient's kin allege hospital gave wrong blood, move Delhi HC for retaining records, CCTV footage

The family of a cancer patient has approached the Delhi HC seeking direction to the authorities to retain the treatment records and the CCTV footage of the relevant period.
CCTV Camera (Photo | EPS)
CCTV Camera (Photo | EPS)

NEW DELHI: The family of a cancer patient, who was allegedly transfused wrong blood at Rajiv Gandhi Cancer Institute and Research Centre and died, has approached the Delhi High Court seeking direction to the authorities to retain the treatment records and the CCTV footage of the relevant period.

The petition filed by the patient's daughter claimed that her father Reyaz Ahmed, who was undergoing cancer treatment at the hospital, was administered blood of 'A' positive group whereas his blood group was 'O' positive, as a result he suffered adverse reaction and derailed the ongoing treatment.

Justice C Hari Shankar recorded the submissions of the counsel for Delhi government and the hospital that the CCTV footage and medical records of the patient have already been provided by the hospital to the police and said "nothing survives for adjudication in this petition as the grievances of the petitioner stand redressed."

The petitioner said she was aggrieved by the criminal medical negligent acts of the Rajiv Gandhi Cancer Hospital, which have recklessly and negligently administered (A+) blood transfusion to her father, although his blood group was (O+).

However, as a consequence of the grossly negligent act on the part of the hospital administration, the petitioner's father suddenly had an acute haemolytic reaction leading to several life-threatening complications, it said.

He was later shifted to Apollo Hospital and died on July 2 with the hospital authorities noting the cause of death to be advances metastatic cancer of lung.

"The petitioner was constrained to seek the indulgence of the high court to secure the ephemeral evidence due to the inexplicable silence on the part of the hospital administration," said advocate M Sufian Siddiqui, representing the petitioner.

He said hospital has not only elected to not respond to the numerous duly received e-mails and the legal notice, but also brazenly charged the patient all costs pertaining to the wrong blood transfusion, and the emergency treatment costs pertaining to the life-threatening situation that arose from the negligent act of wrong blood transfusion.

The plea sought direction to the Delhi government to forthwith secure/ collect the CCTV footage of June 8 and 9 of all the cameras installed at the hospital's blood bank and its surrounding areas.

It also sought to direct the government to forthwith secure and collect the CCTV footage of June 20 of all the cameras installed at the hospital's corridor of the third floor.

Delhi government counsel Kamna Vohra assuaged the petitioner's grievance by stating that the CCTV footage as well as complete medical records of the deceased have already been provided by the hospital to the police authorities and have also been forwarded to the Delhi Medical Council.

Advocate Mansi Bajaj, representing the hospital endorsed this submission and stated that the prayer for preserving the blood bag from which the blood had been transfused to petitioner's father, cannot be allowed as the blood bag was required to be destroyed within 48 hours in accordance with the guidelines of Delhi Pollution Control Committee.

Regarding the prayer that the hospital be asked to furnish the internal inquiry report relating to the treatment of the patient, the hospital's counsel said that the inquiry report has already been forwarded to the police authorities.

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