The patient was unable to conceive. She got attracted by an advertisement in a newspaper, published by an OBGYN, about 70% success rate of IVF procedure.
She approached the doctor, underwent the IVF procedure but it did not bear any results.
The patient sued the OBGYN claiming that the doctor gave false promises and misled her in believing that she could conceive.
The doctor submitted that patient was informed in detail about each and every aspect of the procedure. Due to implantation failure, she could not conceive, and such failure was completely explained to the couple.
The Commission rejected doctor’s defence, observing the following:
“It is an admitted position that the doctor by publication of advertisement in the newspaper claimed that the success rate of such test is 70%. But, in the written version she has stated that the success rate is 15-20%. Therefore, it appears to us that the doctor has published misleading advertisement, and on reading such misleading advertisement, the patient was attracted with success rate and made contact with the doctor. It is settled that the Consumer Protection Act gives the consumer the right to seek redress against false and misleading advertisements including compensation for loss and injury caused because of such advertisements. The advertisement published in this case; the doctor created faith that the patient could conceive”.
The OBGYN was held negligent for the apparent wrong she committed.
Source : Order pronounced by West Bengal Consumer Disputes Redressal Commission on 4th July, 2023.