Back
GAUHATI HIGH COURT
P. K. Sarkar, J.
Archana Paul and Others v. State of Tripura and Others
| Table of Content |
|---|
| 1. individuals underwent sterilisation but later became pregnant, alleging medical negligence. (Para 1 , 2 , 3) |
| 2. arguments raised by the government regarding the maintainability of the claims and procedures followed. (Para 4 , 7) |
| 3. discussion on the definition of negligence and requirements for proving it in medical practices. (Para 5 , 11 , 12) |
| 4. clinical standards affirmed that a lack of evidence against medical negligence means no liability. (Para 10 , 13 , 16) |
| 5. decision resulted in dismissing the petitions due to insufficient grounds for negligence. (Para 18 , 19) |
1. This group of cases involved the same questions of facts and law and therefore, I decide by this common judgment.
2. In all these cases, the petitioners are poor women who had two / three children and had opted for sterilisation in different Health Camps in Tripura and in Govt. Hospital, but subsequently had to bear pregnancy and ultimately some of them gave birth to a female child and some gave birth to a male child inspite of sterilisation operation by Govt. doctors. It is therefore contended by the petitioners that the doctors who conducted the sterilisation operation were negligent and the opera
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
