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IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY
K. Jeevajothi – Appellant
Versus
Director, Family Welfare, Chennai – Respondent
ORDER :
1. This Writ Petition has been filed to direct the respondents to pay Rs. 10,00,000/- towards compensation to the petitioner for the medical negligence on the part of the fifth respondent in performing the family planning operation.
2. The learned counsel appearing for the petitioner would submit that in the present case, the Medical Officer at the fifth respondent Hospital conducted family planning operation on the petitioner on 14.05.2022. 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 a representation to the respondents 1 to 4 on 20.05.2023 seeking compensation of Rs.10,00,000/-. He would submit that already a sum of Rs.60,000/- was awarded to the petitioner. He relied upon the decision of this Court in The Secretary to Government, Health and Family Welfare Department, Fort St. George, Chennai and others vs. Dhanam in W.A. No. 2506 of 2022 dat
Medical professionals must ensure proper care in sterilization procedures; failure results in state liability to compensate for unwanted births and upbringing costs.
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.
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.
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