Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY
Nagammal.M – Appellant
Versus
Medical Officer, Assistant Surgeon, Govt., Primary Health Center - – Respondent
ORDER :
Krishnan Ramasamy, J.
This Writ Petition has been filed to direct the respondents to pay Rs. 25,00,000/- towards compensation to the petitioner for the medical negligence caused to the petitioner resulting in lifetime finance constrains caused to the petitioner to bring up her fourth child after undergoing puerperal sterilization within the time stipulated by this Court.
2. The learned counsel appearing for the petitioner would submit that in the present case, the Medical Officer at the 1st respondent Hospital conducted family planning operation on the petitioner on 17.01.2016. Even then, the petitioner got conceived. Therefore, according to him, the family planning operation was not done properly. The petitioner already has three 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 a representation to the respondents 1 to 5 on 17.01.2024 seeking compensation of Rs.25,00,000/-. He relied upon the decision of this Court in The Secretary to Government, Health and Family Welfare Department, Fort St.George,
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.
State accountability for negligence in family planning procedures ensures compensation for economic burdens caused by unwanted births.
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.
Failure of sterilization does not automatically constitute negligence; liability exists only with proof of malpractice, not merely based on resultant pregnancy.
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
