Kartik Kumar
Vanita Kumar, a resident of Sector 21, approached Dr Shanujeet Kaur, an expert of in-vitro fertilisation at Mangal Nursing Home in Sector 23, in December 2012 for treatment in view of her inability to conceive.
After examining her and putting her through many tests, Dr Kaur assured her that she was physically fit to undergo IVF treatment, and that she would conceive a child. On the doctor’s advice, she got admitted to a private hospital in Sector 9 to undergo IVF treatment.
During the process of picking the egg from the ovary, there was bleeding, but the patient was reassured that there was no need to worry. However, after self-research, the patient came to know that if at the time of picking up of egg bleeding starts, then it is assumed that the IVF operation had failed and the doctor could not do the embryo transfer.
But Dr Kaur nevertheless carried out an embryo transfer. After six days, the patient’s condition deteriorated, she started bleeding and had acute pain in her lower abdomen, but was told that she was having acute gastritis. She then got herself admitted to the Government Medical College and Hospital, Sector 32, where she was diagnosed with secondary septicaemia, caused on account of the IVF egg pick-up.
Following her discharge from the hospital, the complainant filed a case in the consumer court, alleging medical negligence and deficiency in service. Dr Kaur denied there was any medical negligence.
The forum also did not find any evidence of medical negligence during the IVF procedure, but said there was deficiency in service because Dr Kaur did not maintain the medical record of the patient according to the guidelines of the Medical Council of India.
Therefore, the doctor was directed to pay Rs 50,000 for deficiency in service and Rs 10,000 towards litigation cost within a period of 30 days at 12 per cent interest.
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