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 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.
“It is pertinent to note that the twin babies are grown now, 14 years and both are healthy. The parents for the last 14 years have incurred expenses while bringing up the girls, the welfare, and education, etc. It is uncertain about the quality of sperm about its genetic profile/inheritance. At this stage possibility of inherited genetic disorders is unpredictable. Therefore, in my view the complainants deserve adequate compensation. The blood group reports and the DNA profile clearly prove that the complainant was not a biological father,” the order stated.
“Mushrooming of ART clinics has led to incorrect treatment to patients. ART specialist requires a correct knowledge about the physiology of ovulation as well as reproductive gynaecology. Routine gynaecologists who do not have in-depth knowledge are also opening clinics as they think there is money in it,” commission said.
“Incorrect protocols are being used and the treatment offered may not be correct. One must realise that the infertility patients are stressed both emotionally as well as financially and the incorrect treatment increases this. Use of adjuvant therapies which still does not have evidence increases the cost to the patient. Moreover mushrooming of the clinics has made rampant unethical practices in our country,” it said.
The commission further said that there is need for prompt and fixed time line for accreditation of ART clinics from the authorities.
“There is need to make it mandatory for the ART Centres to issue the DNA profiling of baby(ies) born through ART procedures. The copy of this Order be sent to the National Medical Council and Ministry of Health and Family Welfare, Govt. of India for the necessary directions to the ART Centres,” it said.
(IANS)
