Dr. M Kochar v. Ispita Seal

Citation: I (2018) CPJ 41 (NC)

Bench: NCDRC bench of Ajit Bharihoke and  Dr SM Kantikar

Facts

The complainant in this case filed a complaint against failure of IVF procedure and demanded compensation from the doctor on account of medical negligence. 

Issue

Whether no cure/ no success is negligence and can make a doctor guilty of the same.

Decision

National Commission while deciding the case also discussed the IVF procedure and held that “no cure/no success is not negligence”. The doctor in this case was not held liable for the failure of IVF procedure. 

The NCDRC bench said “In vitro fertilization (IVF) is a complex series of procedures used to treat fertility or genetic problems and assist with the conception of a child. IVF involves several steps — ovulation induction, egg retrieval, sperm retrieval, fertilization and embryo transfer. One cycle of IVF can take about two weeks, and more than one cycle may be required. Infertility is a growing problem in India as well with the number of IVF cycles increasing.”

Analysis

Increasing number of people are opting for in- vitro fertilization due to growing problem of infertility and it should be acknowledged that its failure cannot be attributed to the treating doctor given the complexity of procedure and medically recorded evidence of low success rate in women above 35 years of age. Failure of a particular procedure cannot amount to negligence on part of the doctor.