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Tamil Nadu State Government, Through the District Collector, Thiruvarur – Appellant
Versus
Deivanai – Respondent
JUDGMENT :
(Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, to set side the judgment and decree, dated 08.09.2016 made in A.S.No.11 of 2010 on the file of the Principal District Court, Thiruvarur, confirming the judgment and decree, dated 30.09.2005 made in O.S.No.18 of 2004 on the file of the Subordinate Court, Thiruvarur.
Second Appeal filed under Section 100 of Civil Procedure Code, to set side the judgment and decree, dated 08.09.2016 made in A.S.No.12 of 2010 on the file of the Principal District Court, Thiruvarur, confirming the judgment and decree, dated 13.10.2005 made in O.S.No.32 of 2004 on the file of the Subordinate Court, Thiruvarur.
Second Appeal filed under Section 100 of Civil Procedure Code, to set side the judgment and decree, dated 08.09.2016 made in A.S.No.13 of 2010 on the file of the Principal District Court, Thiruvarur, confirming the judgment and decree, dated 30.12.2005 made in O.S.No.18 of 2004 on the file of the Subordinate Court, Thiruvarur.)
1. A common substantial question of law is raised in all the above second appeals and therefore, these appeals are disposed of by this common judgment, as the facts and issues involved in these Se
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....
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 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.
Medical officers are liable for negligence in family planning operations, especially if their failure causes unexpected pregnancies, resulting in financial burden.
The burden of proof lies with the plaintiff to establish negligence in a medical malpractice case.
Medical Negligence – Methods of sterilization / tubectomy are not 100% safe and secure.
A plaintiff must prove negligence to claim compensation for failed sterilization, and an untimely suit may be barred by limitation.
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