Doctor blamed for not giving concession

  • Posted on: 26th November, 2018

Jaya had reached menopause age but was hopeful for a child, hence approached IVF specialist Dr. Chelani.

The patient underwent one cycle of IVF but didn’t get the desired result. This heartbreak was enough for her to drag the doctor to State Consumer Disputes Redressal Commission, Maharashtra.

The allegations seemed to be coming from shattered expectations. Citing discharge summary, it was alleged that the doctors performed the procedure in fifteen minutes, however, it takes at least forty five minutes to complete the same. It was further alleged that while the doctor suggested ICS treatment, he performed IVF treatment instead. There was no informed consent taken either, finally claimed Jaya.

Dr. Chelani was not intimidated as he had medical facts and records in his defence. It was stated that pregnancy in patients who have reached menopause is 1.9% and this fact was clarified with the patient. It was further stated that the patient simply gave up after first cycle of IVF, whereas she was informed that a minimum of three IVF cycles may be required for possibility of pregnancy.

The Commission perhaps could see why the patient was angry. It was observed that the patient had asked for a concession to undergo subsequent IVF cycles after the first unsuccessful one. The Commission further observed that the doctor cannot be compelled to give concession, and stated the following: “Only because the patient didn’t get pregnant in single IVF cycle, the doctor cannot be blamed for it.”

Source: Order pronounced by State Consumer Disputes Redressal Commission, Maharashtra on 10th October, 2018.