Can't Assume Medical Negligence If Surgery Doesn't Give Result: Punjab & Haryana HC Denies Relief To Woman Who Got Pregnant Post Sterilization
3 weeks ago

Can't Assume Medical Negligence If Surgery Doesn't Give Result: Punjab & Haryana HC Denies Relief To Woman Who Got Pregnant Post Sterilization

Live Law  

The Punjab and Haryana High Court has set aside an order of the first appellate court granting Rs 30,000 compensation to a woman who became pregnant after a sterilisation operation. The high court thus restored the trial court order which had dismissed the woman's plea after noting that she had failed to prove medical negligence on behalf of the doctor. The Court noted that no medical evidence has been produced to prove Surgeon's negligence and the woman admitted that she signed the form in which it was stipulated that the sterilization operation may not give desired result. These observations were made while hearing the State's appeal challenging the order whereby the First Appellate Court granted Rs.30,000 as compensation alongwith interest @ 6% per annum to the woman on the ground that she became pregnant after her sterilization operation.

Medical Medical Negligence Court Negligence Order State High Punjab Woman Surgeon Operation Appellate Sterilization Desired Result  relief  pregnant  trial  operation  woman  surgery  negligence  court  high  order  appellate  sterilization  punjab  post  result  medical

History of this topic

SC Rejects Medical Negligence Claim in Minor Eye Surgery Case
Trending News
1 month, 3 weeks ago

SC Rejects Medical Negligence Claim in Minor Eye Surgery Case

Hindustan Times  

The Supreme Court has ruled that medical professionals cannot be held liable for negligence solely because surgery or treatment does not produce the expected results. The court emphasized that a poor outcome does not necessarily equate to negligence, and that medical procedures come with inherent risks and the unpredictability of outcomes should not automatically lead to the conclusion of malpractice.

Woman Seeks Compensation for Failed Vasectomy, Allahabad HC Orders Chief Medical Officer to Take Action
4 months, 1 week ago

Woman Seeks Compensation for Failed Vasectomy, Allahabad HC Orders Chief Medical Officer to Take Action

News 18  

A woman approached the Allahabad High Court’s Lucknow bench, seeking compensation for the birth of her fifth child following a failed vasectomy operation. The woman claimed that despite undergoing a sterilisation procedure on August 26, 2019, at the community health centre in Machrehta, Sitapur district, she gave birth to a child on November 30, 2021. The state’s standing counsel, representing …

Orissa High Court Orders State To Disburse ₹30K Compensation To Woman Who Conceived Even After Undergoing Sterilization
7 months, 3 weeks ago

Orissa High Court Orders State To Disburse ₹30K Compensation To Woman Who Conceived Even After Undergoing Sterilization

Live Law  

The Orissa High Court has ordered the State to grant rupees thirty thousand compensation to a woman, who conceived and delivered a baby girl even after undergoing a sterilization surgery hosted by the State Government. Parties/ State is directed to pay the said amount to the petitioner within a period of two months from the date of presentation of this …

Madras High Court Directs State To Meet Expenses Of Child Born To Woman After Failed Tubectomy
1 year, 7 months ago

Madras High Court Directs State To Meet Expenses Of Child Born To Woman After Failed Tubectomy

Live Law  

The Madras High Court recently directed the state government to compensate a woman who had given birth to a third child after a failed tubectomy procedure. The court also directed the State to give free education to the third child in Government or Private school and to pay a sum of Rs 10000 per month to meet the expenses of …

Sterilization/Tubectomy Are Not Absolutely Safe, Failure Does Not Deserve Compensation: NCDRC
1 year, 9 months ago

Sterilization/Tubectomy Are Not Absolutely Safe, Failure Does Not Deserve Compensation: NCDRC

Live Law  

The National Consumer Dispute Redressal Commission bench comprising presiding member, S.M. Kantikar, reversed the order of the State Commission, Rajasthan for allowing compensation to a lady who alleged that she got pregnant due to the failure of a tubectomy operation. Brief Facts: Robina underwent a tubectomy operation in a Family Planning Camp organized by the State of Rajasthan on 07.11.2005 …

Orissa High Court Orders Compensation To Woman Who Got Pregnant Even After Undergoing Sterilization
2 years, 5 months ago

Orissa High Court Orders Compensation To Woman Who Got Pregnant Even After Undergoing Sterilization

Live Law  

The Orissa High Court has ordered compensation to a woman who got pregnant even after undergoing sterilization process conducted by the State. While criticising the State for not following the proper procedures, a Single Bench of Justice Arindam Sinha observed, "State not having itself followed the procedure to the letter cannot turn around and say that petitioner had omitted to …

Chhattisgarh High Court Dismissed A Plea For Medical Negligence Against Doctors For Wrongful Injection of Remdesivir Leading To Woman's Death
3 years, 4 months ago

Chhattisgarh High Court Dismissed A Plea For Medical Negligence Against Doctors For Wrongful Injection of Remdesivir Leading To Woman's Death

Live Law  

Denying the claim of medical negligence against a doctor for alleged wrongful administration of Remdesivir injection leading to death of a 69 years old woman, the Chhattisgarh High Court observed that putting Doctors to criminal prosecution for negligence would create a lot of "emotional disturbance" at the time of pandemic, when the doctors are serving the ailing. Similarly, in Jacob …

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