Doctor Ordered to Pay Rs 10 Lakh Who Incapable of Fathering Children After 14-Year Fertility Treatment

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The State Consumer Commission also imposed a Rs 1 lakh fine on a private hospital for engaging a government-employed doctor for treatment. The patient, treated by Dr. Arvind Gupta, a nephrology professor at Motilal Nehru Medical College, at Phoenix Hospital, Prayagraj, received numerous hormone injections during the course of treatment.

Uttar Pradesh: A Lucknow doctor has been directed to pay Rs 10 lakh in compensation after a 14-year-long fertility treatment rendered a patient from Jaunpur incapable of fathering children.

The State Consumer Commission also imposed a Rs 1 lakh fine on a private hospital for engaging a government-employed doctor for treatment. The patient, treated by Dr. Arvind Gupta, a nephrology professor at Motilal Nehru Medical College, at Phoenix Hospital, Prayagraj, received numerous hormone injections during the course of treatment.

Subsequent evaluations by another doctor revealed the treatment’s devastating impact, permanently affecting the patient’s fertility.

Section 14(1)(d) of the Consumer Protection Act of 1986 states that the court can award compensation to a consumer for any loss or injury caused by the negligence of the opposing party. The court can award the amount of compensation it deems fit. 

The State Consumer Commission, citing evidence of prolonged and improper treatment, ordered the doctor and hospital to pay the compensation along with Rs 25,000 in case-related expenses. The entire amount, including 9% annual interest, must be paid within 30 days.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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