• Death of my son due to mismatch of blood given by one technician

My son Sri Anirban Chakraborty, aged 29 years (DOB: 5th July, 1986),residing at Howrah, West Bengal was an E Beta  Thalassemia patient and solely dependent on frequent blood (Group A+) transfusion at an interval of 2-3 months since detection of his ailment at the age of five. He was married (30th November, 2011, spouse name Smt. Pinkey Chakraborty) and was employed at M/s. Sun Risk Management & Insurance Broking Services Pvt Ltd, as Senior Executive, 403 & 404 Chandan Niketan, 52A, Shakespeare Sarani, Kolkata- 700017. 
During his childhood period he was regularly admitted at Mission of Mercy Hospital, Park Street Kolkata for transfusion where we met with one Blood Bank Technician, named Sri Deb Kumar Sur (alias Sona Sur) residing at Barrackpur (as informed by him) and  employed at Mission of Mercy Hospital who suggested and convinced us about transfusion arrangement at home and assured us of making all arrangements relating to transfusion including (a) Sample Collection & Cross matching (b)Blood Requisition & arrangement of blood and (c) effective transfusion under his care and supervision. Accordingly, he was entrusted to transfuse blood to my son at home since 2008 at a fee of Rs.1500/- per transfusion inclusive of cost of blood. (Mobile No of Mr. Sur- 8981846417/ 8420501113).
On 13th July, 2015, Mr. Sur had collected sample from the office Mr Anirban Chakraborty, at around 10.20 AM in the morning for cross matching.  On the fateful day ie. 14th July, 2015, Mr. Sur arrived at our residence at 14/7/4/2/1, Olabibi tala lane, Howrah-711102 around 9.00 A.M and stated that he had arranged the blood from Mission of Mercy Hospital and directly coming from hospital after night duty. It was noticed that he was in haste and hurry.  He did not produce us any relevant papers for cross matching/ documents of blood bank etc and when asked for and stated that it was secured with him and would produce later. We had entrusted our faith on him blindly. He started arranging the transfusion system by hanging the blood pouch through cotton rope across the tube light fixed at the wall. The transfusion started at around 10:10 A.M (14/7/2015) under his presence and supervision.
Approximately 10 minutes after the start of transfusion, my son Mr Anirban Chakraborty had a tremendous chill, severe rigor and started vomiting profusely with tremendous back pain and cramps and suffered respiratory problem.  The transfusion needle was discarded immediately by Mr. Sur. My son could not speak properly and lost his sense and collapsed after passing blackish red stool. While we engaged with our dying son, in those busiest and anxious hours Mr. Sur intentionally destroyed the entire blood in the commode & kept the empty blood pouch with label and needle in his bag. Mr Sur strongly opposed hospitalisation and assured us that my son would recover within time which we disagreed and immediately rushed to hospital and compelled Mr. Sur to accompany us and he repeatedly requested us not to divulge the blood transfusion fact to the hospital authority.  We have admitted my son at NH Narayana Super Speciality Hospital, 120/1, Andul Road. Howrah-711103 in emergency and thereafter in ICU on 14-07-2015 at around 11:45 AM. While we were extremely busy with the patient Mr. Sur fled away with the empty blood pouch label, needle and all other relevant documents relating to blood. By this way he has eloped the evidences. My son’s condition started getting critical gradually. On the 15th Morning, 2015, he was put under ventilation and in spite of tireless effort of all the specialist doctors’ treatment; he expired on 15th July, 2015 at 9:00 PM. The Death Certificate (attached) shows cause of death was due to “MULTI ORGAN FAILURE IN A CASE OF POST BLOOD TRANSFUSION REACTION”
Thus due to gross negligence and carelessness of Mr. Sur has caused the death of my son and he has also eloped all the documents and blood sample;
Police is reluctant taking FIR and opined that the merit of the case is zero as we neither have any proof nor PM of the body not done.
We have phoned him and he admitted that it is not his fault and also stated that he did not taken the blood from the Mission of Mercy Hospital rather arranged blood from Lions Club Kolkata. On enquiring we have been told orally by Mission of Mercy as well as Lions Hospital that no such blood has been issued in the name of my son. So what did he do with the blood sample taken on 13th. July,2015? Wherefrom he has taken the blood? 
Please suggest what I can do at least he can be taught a lesson so that he can not do such wrong and negligence to other people.
Asked 1 year ago in Criminal Law from Howrah, West Bengal
Religion: Hindu
1. It is a case of criminal negligence for which the erring person must be taught a lesson.
2. Lodge a complaint with local police about case of culpable homicide not amounting to murder.
3. File a case of medico legal negligence in consumer forum asking for huge damages.
4. These steps if taken properly would surely take care of everything.
Devajyoti Barman
Advocate, Kolkata
5246 Answers
54 Consultations
4.9 on 5.0
Hello,
1) As the police is refusing to file  FIR in a serious matter such as this, you must file a private complaint before the Magistrate  to order the police to investigate and report.

2) It is a clear case of medical negligence on the part of the technician who who carried out the blood transfusion. Based on the report from the hospital he should be made liable for the demise of your son and made to compensate.
S J Mathew
Advocate, Mumbai
1953 Answers
65 Consultations
5.0 on 5.0
If the local police is not cooperating or supporting, you may take up the matter with higher police official for his intervention and direction to the local police to register the complaint with a FIR and investigate the matter and book the culprit for action as per law. 
If the police is not at all cooperative, you may approach the judicial magistrate court with an application under section 156(3) venting out your grievances and seeking its direction tom police for proper investigation and initiate further necessary legal action in this regard. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. This man can be prosecuted for criminal negligence resulting in the death of your son. This apart, you can also claim heavy damages from him. However, you require cogent proof of his culpability. 

2. No agreement was entered into with him for arranging blood transfusion for your deceased son. He has also destroyed the evidence which you could have used against him in the court. This is the reason why police is reluctant to register the FIR. You may launch his criminal prosecution by directly filing the case in the court, but without evidence you will not be able to travel much far and achieve the desired result.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Your complaint with the police has to be moved properly if you intend to book the culprit and punish him as per law. 
Yocan give the details he had given you about the blood procurement to the police (higher police official) with the phone number  and ensure that the said complaint is reduced to writing  by retaining a copy of the same in your possession.  The police if not showing proper response then you may approach the judicial magistrate court with your grievances seeking necessary relief. 
The hospital authorities will not stop his terminal benefits until there is a restrain order from court, hence you may approach civil court with suit for compensation against him in which you can file an interim injunction application against the hospital authority restraining them from making the payment to him. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. A recorded conversation can indubitable be used in the court to prove guilt or innocence.

2. You do not have to issue any legal notice to the hospital. You can directly file the criminal case in the court against this man.

3. You are at liberty to call him.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Have you lodged an FIR against him even after his death certificate mentioned the cause of death as bolood transfusion which was conducted by him?

2. If you have not done so, send the complaint to your local police station immediately under copy to local S.P.,

3. After that file an application u/s 156(3) praying for direction upon the police to investigate and act based on your complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. The audio recording of telephonic conversation is an acceptable digital evidence,

2. You first lodge the police complaint and act as advised in my earlier post to compel the police to enquire in to the matter,

3. This is a serious case in public interest,

4. If police refuse to act, you can file a writ petition against police inaction.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Yes, you can collect as much digital evidence as possible,

2. Ask the name who he had send for collecting the blood and from where it was actually collected,

3. Try to get his admission that he made a blunder in the matter.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5246 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1953 Answers
65 Consultations
5.0 on 5.0