State Of Haryana & Ors vs Raj Rani on 29 August, 2005
It is
apparent from the face of record that it is an admitted fact that the sigmoid
colon was cut off accidentally while Dr.Ramesh at PHC Vemulawada operated and
the complainant had to undergone severe pain and was forced to be shifted to
Karimnagar hospital. Based on the case
sheet and the admission of the O.P.3 doctor,
we are of the considered view that the complainant had to undergo a lot
of physical pain and agony because of the accidental cut of her sigmoid colon
while conducting the tubectomy operation, however to attribute negligence for
failure of the tubectomy operation cannot be sustained. While we hold that the doctor is liable for
the accidental cut off sigmoid colon thereby causing severe pain and also
necessitating extra expenses and further treatment at Karimangar hospital and
observe that the complainant is entitled to a compensation of Rs.1,00,000/-
including medical expenses incurred, we further observe that tubectomy
operation carries a risk of 0.3% to 7% as per standards of medical parlance and
the failure of sterilization operation alone cannot be construed as medical
negligence i.e. the doctor cannot be held liable for the birth of the fourth
child. We rely on the judgments reported
in (2005) 7
Supreme Court Cases 22 in STATE OF HARYANA AND OTHERS v.
RAJ RANI in
which the Apex court held as follows: