DSCDRC imposes Rs 2.5 lakhs fine on Delhi AIIMS for negligence in IVF treatment

The medical body was held responsible for continuing IVF treatment despite two failed attempts and not asking the patient to undergo a thyroid test on time. The fine has to be paid to the victim by February 29, 2024, failing which they have to pay interest at the rate of nine per cent per annum from December 2008.

New Delhi: Delhi State Consumer Dispute Redressal Commission (DSCDRC) has imposed a fine of Rs 2.5 lakhs on Delhi AIIMS, holding it responsible for medical negligence and deficiencies in the treatment of a woman. DSCDRC Chairperson Justice Sangeeta Dhingra Sehgal while giving the verdict in favour of the complainant has ordered AIIMS to pay the fine to the victim by February 29, 2024.

The bench of Justice Sangeeta and Commission members Pinky and JP Aggarwal decided to include the amount of treatment expenses in the fine based on the evidence presented by the woman. The Commission also said in the order that if AIIMS does not pay the fine to the victim within the stipulated time of three months, then it has to pay interest at the rate of nine per cent per annum from December 2008.

According to the complainant, after not being able to have a child for a long time, she approached Delhi AIIMS with the desire to give birth to a child through IVF treatment. She was admitted to AIIMS on January 7, 2008, under the supervision of Dr Sunita Mittal, Head of the Department of Gynecology and Obstetrics. The team of doctors did the necessary tests. After this, his ET mock test was conducted on March 26, 2008. After this, her IVF was conducted on December 1, 2008, and was discharged from AIIMS the same day. Also, Rs 60,000 were taken from him as the expense of this process despite the necessary thyroid test not been conducted.

The second plan of IVF was done on May 20, 2010, and was unsuccessful. The doctors failed to advise her to get a thyroid test done even in the second attempt. Doctors proposed IVF for the third time on April 21, 2011. However, by that time, the woman's weight had increased by leaps and bounds. So, she went to a private lab for a thyroid test.

After getting tested there, she was found to be suffering from thyroiditis. The lab doctor advised him to start thyroid medicines. After starting medication for thyroiditis, the woman postponed IVF for the third time. After seeing her earlier thyroid report, AIIMS advised her to get another thyroid test done before the third IVF on August 9.

After so many failed attempts, the woman lost faith in the doctor, who was treating her and refused to undergo IVF for the third time. Later, frustrated with the failed attempts by the doctor, she filed a complaint with the DSCDRC with the help of an advocate. The complainant made AIIMS Director Dr Sunita Mittal, the then Head of the Department of Gynecology and Obstetrics, and the Secretary of the Union Ministry of Health and Family Welfare parties.

In the complaint, it was argued on behalf of the woman that the doctors had said that the success rate of IVF is 25 to 30 per cent and in women suffering from thyroid, its success rate is a meagre 15 per cent. After the complaint was registered, a notice was issued to the opposition parties by the Commission on April 3, 2014, to submit their written statements to the Commission. However, no statement was recorded from the opposition parties. Even after this, on several dates, due to AIIMS and other persons concerned not presenting sufficient arguments in their favour, the Commission gave its verdict in favour of the complainant.