In a significant order, the Delhi State Consumer Disputes Commission on Tuesday ordered a senior gynaecologist of Sir Ganga Ram Hospital to pay a compensation of Rs 15 lakh to woman for a failed test tube delivery process.
“Motherhood is one of the strongest female urge and deprivation thereof comes as a great setback and disappointment bringing about frustration for life in its wake. The amount of Rs 15 lakh claimed by the complainant cannot therefore be called excessive,” said a bench of justice Barkat Ali Zaidi and member Salma Noor.
Ispita Seal, a Sarojini Nagar resident, had moved the court against the doctor after a failed vitro fertilisation process (VF pregnancy), which she was advised. She had earlier suffered two ectopic pregnancy where after fertilisation of the egg in the women’s ovaries it implants itself in the fallopian tube instead of its proper place that is the uterus.
In vitro fertilisation, an egg is fertilised outside a woman’s body. Once an egg is confirmed as fertilised, it is placed in a woman’s womb for pregnancy. Ispita alleged that the doctor went ahead with the VF despite telling her that she had an infection and this process could not be carried out.
“The doctor is amenable to the charge of negligence or deliberate misconduct and the petitioner was not taken into confidence,” the court said.
The hospital termed the whole case a “complaint of a frustrated lady”. It cited an “expert opinion given by a medical board of Ram Manohar Lohia Hospital that there was nothing wrong in the conduct of her case”.
Terming it “general observations of the board” before whom all the facts were not placed, the court said it had come to a conclusion of negligence and indifference after detailed examination of the facts and circumstance of the case.