Teenage Egg Donor Death Case: Bombay HC exonerates 3 IVF Clinic doctors from negligence charges

Mumbai: Noting that there was no sufficient ground for holding them negligent, the Bombay High Court has recently cleared three doctors associated with an IVF clinic located in Bandra West of any wrongdoing, following allegations of negligence that led to the death of a minor girl in an egg donor back in 2010. 

The doctors in this case were previously booked by the police for performing the procedures in their clinic and were held accountable for the death of the girl. However, the court disposed of the charges against them on August 9 and discharged them on August 16. 

During the court session, a single-judge bench of Justice RM Joshi said, "They cannot be held responsible for negligence, as they were not involved in the last egg removal which was perceived to be the cause of death of the girl. After the girl’s death, a medical opinion was sought about the cause of her death and negligence, if any, and a committee of doctors from Grant Medical College opined that it was a case of medical negligence. The opinion clarified that there was no evidence of anaesthetic complications or trauma to internal organs, which could have caused death.

Also read- Bombay HC Quashes Rape Case Against Doctor, imposes Rs 5 lakh fine

“It is thus clear that insofar as present applicants are concerned, they cannot be held responsible for the admission of an underaged patient to the hospital for the performance of the procedure. It cannot be said there was any medical negligence on their part which has resulted in causing the unfortunate death of the deceased,” added the court. 

As per HT news report, the case traces back to August 7, 2010, when the teenage girl, who worked at a scrap godown, did not return home. Her mother, concerned about her absence, approached the girl's employer, who reassured her that the girl would return safely. The following day, the girl returned home but was unable to explain her whereabouts, as she had reportedly been administered an unknown substance that rendered her unconscious.

Shortly after her return, the teenager began experiencing severe abdominal pain. She was initially treated by a local doctor, but as her condition worsened, she was taken to Rajawadi Hospital and later referred to a civic hospital. Unfortunately, the girl died en route to the hospital.

A postmortem examination revealed multiple injuries and injection marks on the girl's body, leading the Sakinaka police to launch an investigation. The probe uncovered that the minor had been used as an egg donor at a fertility clinic, despite regulations prohibiting minors from donating eggs at that time. The girl had donated eggs on three occasions: October 22, 2009, February 15, 2010, and August 8, 2010—the day she had gone missing.

The doctors associated with the fertility clinic were subsequently charged with negligence in connection to the girl's death. However, three of the accused doctors challenged the charges in the Bombay High Court, following a sessions court's refusal to discharge them on May 25, 2023. 

Following this, the court found the doctors not guilty of the medical negligence charges and discharged them accordingly. 

Also read- Patient's death case at GMCH Chandigarh: No medical negligence, says hospital panel