Hospital, docs fined over mix up of semen during IVF in Delhi
The National Consumer Disputes Redressal Commission (NCDRC) has fined a private hospital in Delhi, along with responsible doctors, of Rs 1.5 crore due to a mix-up that occurred during an Assisted Reproductive Technique (ART) procedure, resulting in the incorrect usage of sperm from a person unrelated to the couple undergoing the procedure.
image for illustrative purpose
New Delhi The National Consumer Disputes Redressal Commission (NCDRC) has fined a private hospital in Delhi, along with responsible doctors, of Rs 1.5 crore due to a mix-up that occurred during an Assisted Reproductive Technique (ART) procedure, resulting in the incorrect usage of sperm from a person unrelated to the couple undergoing the procedure.The National Consumer Disputes Redressal Commission (NCDRC) has fined a private hospital in Delhi, along with responsible doctors, of Rs 1.5 crore due to a mix-up that occurred during an Assisted Reproductive Technique (ART) procedure, resulting in the incorrect usage of sperm from a person unrelated to the couple undergoing the procedure.
The couple claimed that their twins were born in June 2009 through an ART procedure. However, discrepancies in the babies' blood groups, which did not align with the genetic transmission of blood groups from the parents, led to a subsequent paternity test or DNA profile. The test revealed that the husband was not the biological father of the twins.
The couple had then approached the commission seeking compensation of Rs two crore due to alleged negligence and deficient service, which resulted in various problems, including emotional distress, familial conflicts, and concerns regarding the potential inheritance of genetic diseases.
Presiding Member S.M. Kantikar said that certainly the family genealogy has been irreversibly changed.
“They may carry the stigma and face difficulties in future. The hospital and others have not followed the standard guidelines of ICMR. They were just passing on their responsibility on one another. Therefore, the negligence has been conclusively established. The hospital was duty bound to provide quality services, but indulged in misleading advertisement to allure the anxious infertile couples for ART and adopted unethical practices,” said Kantikar in its order.
“In my view, the instant case is of deceptive and unfair trade practices adopted by the opposite parties (OP) who have forgotten professional ethics. Thus, the hospital and directors, also the Ops 4 to 6 (three doctors) liable for the act of negligence and unfair trade practices. Thus, I fix the total lump sum liability of 1.5 crore against the Ops,” said Kanitkar.
