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Chief Medical Officer vs Smt. Rajkumari on 4 January, 2023 cites

State Of Punjab vs Shiv Ram & Ors on 25 August, 2005

6. It is well settled that the methods of sterilization / tubectomy are not 100% safe and secure. Hon'ble Apex Court in the case of State of Punjab Vs. Shiv Ram and others reported in IV (2005) CPJ 14 (SC) cited by learned counsel for the appellant, has held that unless it is proved by cogent evidence on record that the operating doctor was negligent in the performance of the job assigned to him / 4 her, no case of medical negligence can be sustained merely on the ground of failure of sterilization operation. It was further held that merely because woman having undergone sterilization operation became pregnant and delivered child, operating surgeon or his employer can not be held liable for compensation on account of unwanted pregnancy or child. It is worth to mention here that no medical expert evidence has been produced on record to show that the sterilization operation of complainant No. 1 was not carried out as per the prescribed method.
Supreme Court of India Cites 7 - Cited by 204 - R C Lahoti - Full Document

Lakshmi vs Director Of Medical Services, Family ... on 15 January, 2008

7. Learned counsel for the appellant also cited judgment of Hon'ble National Commission in the case of Lakshmi Vs. Director of Medical Services reported in I (2008) CPJ 460 (NC), wherein it was held that failure in tubectomy operation due to natural causes would not provide any ground for claiming any compensation. It was also held that the complainant should expect only that the concerned doctor would exercise proper skill in surgery expected of a professional in his particular specialty. The complainant could not expect that the respondent should give 100% guarantee of success of the operation. The doctor can not be expected to be "a paragon combining the Qualities of polymath and prophet".
National Consumer Disputes Redressal Cites 8 - Cited by 1 - Full Document

St. Stephens Hospital & Anr. vs Smt. Shalini on 31 May, 2013

8. Learned counsel for the appellant further cited another judgment dated 31.05.2013 of Hon'ble National Commission given in Revision Petition No. 2758 of 2008; St. Stephens Hospital and another Vs. Smt. Shalini, wherein it was held that sterilization is not 100% safe & secure and after getting knowledge of conception inspite of having undergone the sterilization operation, if the couple opts for bearing the child, it ceases to be an unwanted child and compensation for maintenance and upbringing of such a child, can not be claimed.
National Consumer Disputes Redressal Cites 4 - Cited by 5 - Full Document
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