Community › Forums › Legal Advice India › Blood group discrepancy. Patient is about to sue
- This topic has 14 replies, 9 voices, and was last updated 1 year, 1 month ago by
Pratikshark783.
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PPratikshark783
PARTICIPANT
May 1, 2025 at 4:19 pmI work as a Pathologist in a hospital lab. A patient’s blood sample shows some delayed positivity for Rh (Positive/Negative blood group determiner). So we confirmed with a confirmatory test (Du with gelcard) in our blood bank, and reported Positive. Turns out, the previous labs had reported the patient as Negative group. So for assurance, we sent a sample to another Tier 1 lab, where they reported our results itself. The patient was furious and demanded my handwritten assurance with signature which I can’t deny as a doctor. Later, for my paranoid brain I sent it to another Tier 1 lab, and they reportes contrary to ours. I called the Pathologist personally regarding this and they advised repeat.
My question is, should I call back the patient and the report? This will involve them to move legally based on similar events in our region, where if a doctor hints that he might be wrong, the patient files a claim for negligence. -
NNiravguru530
PARTICIPANT
May 1, 2025 at 4:30 pmDon’t you guys have disclaimers?-
PPratikshark783
OP
May 1, 2025 at 4:34 pmYes. But they made me write it in a paper too.ย-
NNiravguru530
PARTICIPANT
May 1, 2025 at 4:36 pmYou should reply on disclaimers that there are many external factors which may cause different results or different test results.You work in a hospital. Your hospital should deal with this with legal team. Why are you personally dealing with this?
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PPratikshark783
OP
May 1, 2025 at 4:43 pmThe reports are signed by me. The hospital asked me to solve it. And the patient demanded me to write down what I think is the report.ย
I wrote a “based on the lab results” and “to the best of my knowledge” lines in it.ย
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DDesiknight9081
PARTICIPANT
May 1, 2025 at 4:44 pmHi. Iโm a Delhi based lawyer. How many days apart were the several reports? The general defence we take in such matters is that test reports days apart cannot be compared medically, especially if the patient is suffering from some medical condition. There are various factors that come into play that lead to contrary reports and doesnโt always amount to deficiency in service and medical negligence.-
PPratikshark783
OP
May 1, 2025 at 5:10 pmHi. Thank you for your interest. Let me add the details I omitted to make the post simple.
Basically, this scenario happens in two rare conditions which we are aware of.
1. A rare ‘weak D’ blood group which gives negative first, but positive in confirmatory test (But ours shown delayed reaction in both).
2. A condition called ‘mixed field reaction’ where the patient has both blood types in their body because of a ‘mixing’ that moght have occurred due to a previous transfusion, abortion, delivery, etc. (This requires the requesting clinician to note the appropriate history in the form).Coming to your questions, all tests were done on tha day of collection itself. A second test was done after 7 days in a seperate sample. Thanks in advance.
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DDesiknight9081
PARTICIPANT
May 4, 2025 at 4:01 pmMedical literature on the issue might also come to your rescue, apart from the disclaimer.
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BBravedevika7220
PARTICIPANT
May 2, 2025 at 3:14 amHow can a human have both +ve and -ve like a Schrodinger’s cat? Don’t you have clear guide lines on result determination?-
SSuperguru1135
PARTICIPANT
May 2, 2025 at 5:21 amBiology is nature brother… The same way we have heavy rains in peak summer -
PPratikshark783
OP
May 2, 2025 at 6:07 amOk let me explain. (Copied from my another reply):
Basically, this scenario happens in two rare conditions which we are aware of.1. A rare ‘weak D’ blood group which gives negative first, but positive in confirmatory test (But ours shown delayed reaction in both).
2. A condition called ‘mixed field reaction’ where the patient has both blood types in their body because of a ‘mixing’ that moght have occurred due to a previous transfusion, abortion, delivery, etc. (This requires the requesting clinician to note the appropriate history in the form).The testing is standard agglutination tests based on antigen-antibody reactions. But in such rare <1% cases, the tests may be insufficient and require other big tests. Rarely, the patients use the opportunity to sue and we have to get legal help.
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RRahulrider625
PARTICIPANT
May 2, 2025 at 4:11 amcase is an example of thing which my Biology teacher used to say “Biology my friend is a science of exceptions”-
RRajendrafalcon368
PARTICIPANT
May 2, 2025 at 10:38 pmCare to explain?
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IIndianpanda1766
PARTICIPANT
May 2, 2025 at 8:09 amYou should definitely report to patient. I get it that your priority is not to get a case, but this is a medical issue not something you did – so you should inform him of everything jud the way you did here, and then itโs definitely not negligence. It doesnโt sound like negligence at all the way you put it.Probably check with a lawyer yeah, for exact negligence law. Check with a lawyer who you pay, you canโt really rely on anyone giving free advice on Reddit, that too without a 100% context which is impossible unless the lawyer cross questions you to ensure he or she is getting every relevant piece of information
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BBrightprakhar3277
PARTICIPANT
May 3, 2025 at 3:16 pmA mismatched blood group transfusion can be fatal for the patient, and the same applies to Rh incompatibility.
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