NUPUR BHATI
State of Rajasthan – Appellant
Versus
Geeta Devi – Respondent
ORDER :
(Nupur Bhati, J.)
Learned counsel for the parties jointly submit that the issue involved in the present writ petition is squarely covered by the order dated 16.02.2022 passed by a Co-ordinate Bench of this Court in the case of Chief Medical and Health Officer v. Jaswinder Kaur & Anr. in S.B. Civil Writ Petition No.11943/2019 and & other connected matters. The order dated 16.02.2022 is reproduced hereunder:-
2. These writ petitions have been preferred claiming the following reliefs:
CWP No. 11943/2019:
"by an appropriate writ, order or direction, the present petition may be allowed and the impugned order dated 26.04.2019 (Annex-3) passed by the learned Chairman Permanent Lok Adalat, Hanumangarh along with other members in case no.147/2006 be quashed and set aside qua the petitioners and consequence thereof the application (Annex-1) filed by the respondent no.1 be rejected qua the petitioners."
CWP No.12051/2019:
"by an appropriate writ, order or direction, the present
Compensation for unwanted pregnancies post-sterilization requires proof of medical negligence; otherwise, claims are unsustainable.
The main legal point established in the judgment is that compensation for failed sterilization operations can only be claimed if medical negligence is proved, and that the decision to continue a preg....
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....
Medical officers are liable for negligence in family planning operations, especially if their failure causes unexpected pregnancies, resulting in financial burden.
Compensation for sterilization failure under Family Planning Indemnity Scheme is fixed at Rs.60,000, limiting claims against negligent medical practices unless statutory provisions allow for higher a....
Medical professionals cannot be held liable for sterilisation failures due to natural causes when they adhere to accepted medical standards and inform patients of inherent risks.
Failure of sterilization does not automatically constitute negligence; liability exists only with proof of malpractice, not merely based on resultant pregnancy.
The judgment emphasizes the need to establish negligence or carelessness on the part of the medical practitioner in failed sterilization cases, highlighting the burden of proof on the plaintiff and t....
Medical Negligence – Methods of sterilization / tubectomy are not 100% safe and secure.
Negligence in performing sterilisation operation entitles the petitioner to compensation, and the State Government is responsible for such negligence.
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