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IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY
Panchavarnam – Appellant
Versus
Secretary to the Government, Health and Family Welfare Department – Respondent
ORDER :
Krishnan Ramasamy, J.
This Writ Petition has been filed respondents to grant compensation to the petitioner for the negligent performing of the Family Planning Operation by the 3rd respondent and consequently direct the respondents to grant compensation for the 3rd female child's further expenditure of Rs. 50,00,000/- by considering her representations dated 13.10.2024 and 13.02.2024.
2. The learned counsel appearing for the petitioner would submit that in the present case, the third respondent has conducted family planning operation on the petitioner on 18.10.2020. Even then, the petitioner got conceived. Therefore, according to him, the family planning operation was not done properly. The petitioner already has two children and is poor, and therefore, she opted for family planning. Now that again a female child is born to her, she is struggling to maintain all the children with the meagre income from her husband. Hence, the petitioner sent representations to the respondents on 13.10.2023 and 14.02.2024 seeking compensation. He relied upon the decision of this Court in The Secretary to Government, Health and Family Welfare Department, Fort St.George, Chennai - 600 009 and oth
State accountability for negligence in family planning procedures ensures compensation for economic burdens caused by unwanted births.
Medical officers must exercise reasonable care in sterilization procedures to avoid liability for resulting unwanted pregnancies, entitling affected parties to compensation.
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....
Medical officers are liable for negligence in family planning operations, especially if their failure causes unexpected pregnancies, resulting in financial burden.
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....
Negligence in performing sterilisation operation entitles the petitioner to compensation, and the State Government is responsible for such negligence.
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....
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