clinic fined Rs 1.5 crore(1.5 crore)

New Delhi. The National Consumer Disputes Redressal Commission has imposed a fine of Rs 1.5 crore (1.5 crore) on a priclinic in Delhi and the doctors concerned for malpractices related to reproductive procedures. Doctors had used the sperm of another man instead of her husband to help the woman conceive. The apex consumer commission made strong observations against ART clinics which have mushroomed in recent years and where “large scale unethical procedures” were being carried out. It said that apart from checking the accreditation of such clinics, there is a need to make it mandatory to issue DNA profiles of newborns.

The commission was hearing a complaint by the couple, according to which the wife had given birth to twins through ART procedure in June 2009. Because the babies’ blood groups were not consistent with possible genetic transmission of blood groups from parent to child, later paternity testing or DNA profiling revealed that the woman’s husband was not the biological father of her twins. The couple approached the commission claiming compensation of Rs 2 crore for negligence and deficiency in service. It said that this created several issues for him including emotional stress, family discord and fear of genetically inherited diseases.

Presiding Member S.M. In his recent order, Kanitkar said, ‘In my view, the present case is one of deceptive and unfair trade practices adopted by the opposite parties who have forgotten professional ethics. Thus the opposite parties 1-3 (the hospital, its director and chairman) apart from the opposite parties 4-6 (the three doctors) are liable for negligence and unfair trade practices…I fix a total lump sum liability of Rs.1.5 crore against the respondents ‘

She said the blood group report and DNA profile “clearly proved” that the husband was not the biological father of the children. The commission said the family lineage of the twin girls has been “irreversibly altered” and they may face difficulties in future. It said the negligence of the concerned parties was “conclusively established” and the hospital did not follow the guidelines laid down by the Indian Council of Medical Research (ICMR).

Noting that both the girls are now 14 years old, the commission said the parents must have incurred a lot of expenses and are entitled to “adequate compensation”. The commission also said that a copy of the order be sent to the National Medical Council and the Union Ministry of Health and Family Welfare to enable them to issue necessary instructions to ART centres.