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HEMANT GUPTA, SUDHANSHU DHULIA
Civil Hospital – Appellant
Versus
Manjit Singh – Respondent
ORDER
1. Leave granted.
2. The challenge in the present appeal is to an Order passed by the National Consumer Disputes Redressal Commission (NCDRC) on 16th January 2020, whereby, the Revision filed by the respondent herein was allowed with direction to pay compensation as per the guidelines of the State to the respondent.
3. As per the facts on record, Ms. Baljinder Kaur, respondent No. 2 underwent tubectomy procedure on 23rd September, 1994 and 27th February, 1998. Both the procedures remained unsuccessful. The respondent gave birth to a male child in the year 2003. The respondent filed a complaint before the District Consumer Disputes Redressal Forum alleging medical negligence on account of failed tubectomy surgery. The same was dismissed on 20th January, 2005 on the ground that the respondent is not a consumer. The said order was affirmed in an appeal by the State Consumer Disputes Redressal Commission on 3rd February, 2011. The stand of the appellant is except nominal registration charges, no amount was to be charged from the present respondent.
4. It was in Revision, the NCDRC set aside the orders passed by the District Consumer Disputes Redressal Forum and the State Consumer Dis
Failed tubectomy surgery due to natural causes does not constitute medical negligence, and compensation cannot be claimed for maintenance and upbringing of the child.
Medical Negligence – Methods of sterilization / tubectomy are not 100% safe and secure.
A person who has not paid any consideration for availing services would not be covered under the definition of consumer under the Consumer Protection Act, 1986.
The burden lies on the defendants to prove that there was no negligence in cases of failed sterilization operation. The court also emphasized the need for the State Government to devise provisions fo....
Negligence in performing sterilization surgery mandates state compensation for economic burdens arising from an unwanted child, reaffirming the responsibilities of medical professionals within family....
The burden of proof lies with the plaintiff to establish negligence in a medical malpractice case.
LAW POINT Medical Evidence – A mere averment in a Complaint by no stretch of imagination, be said to be evidence by which the case of the Complainant can be said to be proved. It is the obligation o....
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