#LegallySpeaking: Medico-Legal Tip
Tip: Insist on written proof of a specialist consultation instead of relying on the verbal statement of patient
• Background of the case:
29 Y/F unable to conceive, got herself medically examined where she came to know that her fallopian tubes (uterus tubes) were bilaterally blocked. Doctor advised her to go for IVF procedure.
• Patient’s Allegations:
Doctor gave her heavy injections and medicines which resulted in deterioration of her condition. She found that IUI (Intra Uterine Insemination) has been done upon her instead of IVF (In-vitro Fertilisation).
• Hospital’s Defense:
Usually, one patient may carry two or three different reports relating to fallopian tubes at one time. A fallopian tube sometimes remains open for a certain time and the same get blocked on another occasion.
• Court Held:
~ As per the records available, the Bilateral fallopian tubes of the patient were blocked. In the event of Bilaterally blocked tubes, IUI is not beneficial at all. Such patients require IVF.
~ Patient has signed the consent for IUI procedure despite knowing about her Bilateral blocked tubes. As per the statement of Doctor, she was told by the patient that her tubes were fine.
~ Doctor should not go by verbal statements of patient and should have insisted for the report or should have advised fresh tube testing before starting the treatment of infertility.
~ It is, therefore, the decision of the Medical Council that Doctor made an error in judgement albeit with the best of intentions.