Supreme Court Upholds Compensation for HIV Medical Negligence: Dismisses Indian Army's Review Petition

The Supreme Court has recently made a significant decision in a case involving medical negligence within the Indian Army, resulting in an HIV contraction by a former Air Force officer. In a review petition filed by the Indian Army against a previous judgment, the court upheld its earlier decision, directing both the Air Force and the Army to jointly pay compensation to the victim, totaling nearly Rs 1.6 crore.

The case originated from an incident in 2002 when the petitioner, a former Air Force Officer, contracted HIV due to medical negligence during a blood transfusion at a military hospital. Despite being diagnosed with the disease in 2014, his condition was linked to the transfusion that occurred more than a decade earlier.

Upon filing a claim for compensation before the National Consumer Disputes Redressal Commission (NCDRC), seeking Rs. 95.03 crores, the petitioner faced dismissal of the plea due to insufficient evidence of medical negligence during the transfusion process. However, the Supreme Court's judgment in September 2023 overturned this decision, awarding the petitioner approximately Rs. 1.6 crores in compensation.

The recent dismissal of the review petition by the Indian Army signifies the court's reaffirmation of its earlier ruling, emphasizing accountability for medical negligence within the armed forces. The court's decision underscores the importance of ensuring proper medical care and accountability in all healthcare settings, especially within institutions as critical as the military.

Despite the legal victory, the petitioner's struggle for justice is far from over. A contempt petition has been filed against the Army and Air Force for failing to comply with the court's directions. Additionally, the petitioner's journey highlights systemic issues within the military regarding disability certification and compensation for medical malpractice.

Moving forward, this case serves as a reminder of the need for robust mechanisms to address medical negligence and ensure accountability, particularly within institutions responsible for safeguarding the health and well-being of individuals. As the legal battle continues, the petitioner's pursuit of justice remains a testament to the resilience and determination of individuals seeking accountability in the face of adversity.