Back
B. PUGALENDHI
Vasuki – Appellant
Versus
Secretary to Government, Health Department, Chennai – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents pay Rs.25,00,000/- (Rupees Twenty Five Lakh only) towards compensation to the petitioner for the medical negligence caused to the petitioner resulting in life time financial constrains caused to the petitioner to bring up her third child.
1. The petitioner before this Court is a house wife and her husband is an Agricultural cooli. The petitioner gave birth to two children and after her second delivery on 19.07.2013 in the fifth respondent Hospital, the petitioner underwent Purperal Sterilization by Tubuctomy on 23.07.2013, in order to avoid further pregnancy. The surgery was performed by the sixth respondent and the petitioner was discharged from the Hospital on 29.07.2013. However, the petitioner was conceived again in the month of March, 2014 and gave birth to a third child on 06.01.2015. Thereafter, the petitioner again underwent the same procedure to prevent future pregnancy. With a grievance that the petitioner underwent another surgery and has to rear up another child due to the medical negligence of the respondents 5 & 6, she has m
Medical officers are liable for negligence in family planning operations, especially if their failure causes unexpected pregnancies, resulting in financial burden.
Medical professionals must ensure proper care in sterilization procedures; failure results in state liability to compensate for unwanted births and upbringing costs.
Negligence in performing sterilization surgery mandates state compensation for economic burdens arising from an unwanted child, reaffirming the responsibilities of medical professionals within family....
Negligence in performing sterilisation operation entitles the petitioner to compensation, and the State Government is responsible for such negligence.
Compensation for failed sterilization claims arises from surgical negligence, not childbirth; exceptional circumstances may warrant financial relief.
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....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
