The importance of recording consent. Court refuses patient’s claim about being given 100% guarantee to achieve pregnancy through IVF

October 26, 2023

Taking an informed consent and recording it diligently is perhaps the best thing healthcare providers can do in order to enhance patient’s safety, and to ensure their own security from possible legal tangles.

This case is an appropriate example of the aforesaid.   

Irrefutable Facts

The patient opted to undergo an IVF treatment to achieve pregnancy, but it failed.

She sued the hospital and claimed that she was given a 100% guarantee of successful pregnancy.

Court’s Observations

The State Consumer Commission perused consent form which was signed by the patient and her husband, and observed that “it shows that they have been explained regarding the IVF pattern to the effect that there is no 100% guarantee in IVF pattern”.

Patient’s complain and case stood dismissed.

Prevention Is Better Than Cure

  1. Before performing any intervention / procedure, it is advisable to explain and counsel the patient / attendants about the pros and cons especially the success rate of proposed intervention. This fact must also be recorded in consent in suitable cases.
  2. A doctor / hospital cannot guarantee results. The only guarantee that can be assured to the patient is that appropriate care will be taken and the accepted medical practice will be followed.   

Click here for annual subscription of Medical Law Case – For Doctors

Source : 15MLCD (j73) Geeta v/s Eva Hospital