IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY
Muthumari – Appellant
Versus
Principal Secretary, Health and Family Welfare Department – Respondent
ORDER :
KRISHNAN RAMASAMY, J.
1. This Writ Petition has been filed to direct the respondents 3 and 4 to award compensation for failure of the tubectomy surgery and to constitute a medical board to assess the medical complication and damages caused to the petitioner and to provide appropriate treatment at a hospital other than any government hospital and incur such expenses and to award compensation.
2. The learned counsel appearing for the petitioner would submit that in the present case, the petitioner underwent tubectomy surgery on 12.02.2019. Even then, the petitioner got conceived. Therefore, the tubectomy surgery was not done properly. After giving birth to a female child, the petitioner was informed that her pelvic bones expanded beyond the margin and it did not retract, which caused permanent damage to her. The petitioner already has two children and is poor, and therefore, she opted for family planning. Now, due to the medical complications, she is unable to go to any work and is struggling to maintain all the children with the meagre income from her husband. Hence, the petitioner sent a representation to the respondents on 11.12.2023 seeking to provide appropriate treatment
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 must exercise reasonable care in sterilization procedures to avoid liability for resulting unwanted pregnancies, entitling affected parties to compensation.
State accountability for negligence in family planning procedures ensures compensation for economic burdens caused by unwanted births.
Medical professionals must ensure proper care in sterilization procedures; failure results in state liability to compensate for unwanted births and upbringing costs.
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....
Failure of sterilization does not automatically constitute negligence; liability exists only with proof of malpractice, not merely based on resultant pregnancy.
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....
Negligence in performing sterilisation operation entitles the petitioner to compensation, and the State Government is responsible for such negligence.
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