Kerala: Hospital asked to pay Rs 5 lakh for inseminating woman sans consent

THIRUVANANTHAPURAM: The Kerala State Consumer Disputes Redressal Commission (KSCDRC) has directed a hospital to pay up Rs 5 lakh as compensation for allegedly inseminating a woman without adequate consent. As per the complainant and her husband hailing from Kavassery in Palakkad, they did not have an offspring even after five years of their marriage. She approached a fertility clinic, Thankam Hospital. The doctor suggested Intrauterine Insemination after assuring that only her husband’s semen would be used.

In April 2011, she was subjected to the procedure using someone else’s semen from the semen bank. That was detected when her husband told her that his semen was not collected. The doctor expressed regret and helplessness. However, the complainant approached the commission claiming compensation of Rs 20 lakh. She had undergone grave mental agony and had to go for psychological counselling.

When lawyer’s notice was issued, the hospital informed no insemination was carried out. As per the versions filed by the doctor and hospital before the commission the husband had suffered grave injuries in a road traffic accident. So his semen count and motility rate were too low. The couple could not afford IVF. So they voluntarily opted for donor insemination.

She was issued a slip for remitting the fees for IUI. However, in the labour room, the woman changed her mind and walked out. The hospital claimed that they had mistakenly recorded in her slip that the procedure was over. After examining evidence, the commission headed by its president S.S. Satheesachandran ordered compensation and an additional Rs 20,000 as costs.