The case Pertains to a couple hailing from hyderabad who underwent in vitro fertilization at a West Delhi-based hospital.The couple having infertility of many years underwent IVF treatment namely Intra-Cytoplasmic Sperm Injection (ICSI) procedure was carried out and an embryo was transferred in mother’s womb. The pregnancy was confirmed after a month and later she went on to deliver twin girls. 

The Impossible Blood Group in one of the twin.

After the delivery when blood groups of the twin daughters were checked, to the astonishment of parents, it was found that 1 of the daughter had “AB” positive blood group which was an impossibility because the blood group of husband was “O” negative and blood group of wife was “B” positive. The only possible combination in the offspring of this couple would be wither “B” or “O”.

The Case.

Aggrieved by this the couple approached the consumer court. The contention of the couple was that since there is no possibility of this kind of blood group combination in the offspring they claimed that either the ovum or sperm of someone else other than the couple was used by the hospital.

The Doctrine of Res Ipsa Loquitur

Res Ipsa Loquitur is a Latin phrase that means the thing speaks for itself. The court observed that since it impossible that the couple having O and B blood group can have an offspring can have “AB” blood group and slapped fine of 1.5 crore on hospital as well as infertility specialists involved in the treatment.

As a Doctor What is Your Opinion?

As a doctor we all know this type of blood combination is impossible. So what do you think about this case. Can it be a human error or infertility clinics for the sake of increasing their results are indulging in malpractices such as using someone’s ovum or sperm. What would have happened if the same case would have happened with uneducated parents. This case is a very important case for doctors particularly infertility specialists.

Kindly comment and let us know your opinion.