મંગળવાર, 25 ડિસેમ્બર, 2018

Blood transfusion and law

TAKE HOME MESSAGES
Related to Blood Transfusion

Compiled by
Dr Harish Warbhe
Lifeline Blood Bank Nagpur
Last week, 31 year female patient died after transfusion of O Rh Negative blood possibly because of TRALI (Transfusion Related Acute Lung Injury) in one reputed hospital in Nagpur.

Relatives made lot of scene but thanks to Rapid Action Force of our doctors, things were brought under control. About 50 doctors were there upto 2 am in the night.
The police action will take its own course of time.
It is high time that all the doctors/hospitals must take a serious lesson about the documentation of blood transfusion which can only save us in case of any Medico-Legal Cases under Consumer Protection Act.
* Consent is not a mere acceptance of a medical intervention, but a voluntary informed decision by the patient, whether or not to opt for particular medical procedure.

* Patient’s signature on a blank consent, agreeing to any kind of treatment is not enough.

* A declaration from the patient stating that complete information had been given about the operation, without even mentioning the details is also not enough.

* The so called consent will not constitute “informed consent” in its real sense.
* Blood Transfusion without informed consent constitutes medical negligence & assault on patient
* There may be implied consent for simple procedures, but invasive treatments require explicit consent.
* Blood transfusion is globally considered an invasive procedure, and requires informed consent.

* The only exceptions are when there is an emergency or when the patient is mentally incapable of making a decision or when the disclosure would be seriously detrimental to the patients health.
* The record should show the communication between the doctor and the patient regarding blood transfusion and its potential hazards.
* The doctor cannot defend his action by saying that he had no other option except to give transfusion. The court will reject this defense, saying that this would not entitle the doctor to trample on the patients right to weigh the pros and cons and take a decision.
* failure to obtained informed consent for blood transfusion constitutes medical negligence  & assault on patient
* As per National Commission, it is necessary to obtain the informed consent for blood transfusion.

* NACO & DGHS has prescribed guide lines for obtaining informed consent for blood transfusion.
* The doctor is duty bound to obtain the valid consent when the patient is medically fit to give it.
* The doctor has a duty to provide adequate information to enable the patient to make a balanced judgment and decide whether he should submit himself to the particular treatment or not.
* Every adult has a right to decide what shall be done with his own body.

* The right to treatment also includes the right to refuse treatment, regardless of what may be considered medically advised.
Please forward these messages to other doctors group to safeguard our medical fraternity
* Blood Transfusion without valid consent is a tortuous act of assault and battery, and is the deficiency in service.

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