facts and law as the complaint of the appellant
against failed sterilization seeking compensation was dismissed. First question
is whether the appellant is a consumer ... could
be held guilty for medical negligence in case of a failed sterilization inspite
of having undertaken all the necessary precautions?
2. The Delhi Government
Edition (Reissue), Vol. 12 (1) while considering the question of "failed sterilization", it is stated in para 896 as under:-
" Failed sterilization ... case of Smt. Santra (supra). That was also a case of failed sterilization because of which the respondent had conceived and gave birth
sterilization-approaching 1 pregnancy per 100 sterilization within 3
years, and 2-3 per 100 over 10 years.
The latest education pamphlet on sterilization ... refuge under that
percentage of sterilization are minimal and if such plea is allowed then every
sterilization that failed would fall within lowest percentage
damages for rearing up the
unwanted child born out of a failed sterilization operation.
In some case, the Courts refused to allow this claim ... discomfort associated with
unwanted pregnancy as a result of failed sterilization
operation and with birth of the child and financial loss
: 25 :
caused on account
issue), Vol. 12(1) while considering the question of "failed sterilization", it is stated in para 896 as under:
Failed sterilization--'Where ... case of Smt. Santra (supra). That was also a case of failed sterilization because of which the respondent had conceived and gave birth
issue of
negligence of doctor with regard to failed sterilization operation. The
Page 8 of 18
Downloaded ... cause of action for claiming compensation in cases of
failed sterilization operation arises on account of negligence of
the surgeon and not on account
Fourth
Edition, Volume 12, while considering the question of ''failed
sterilization'', it is stated in paragraph no.896, is extracted
hereunder ... Failed sterilization'' where the defendants
negligent performance of a sterilization
operation results in the birth of a child, public
policy does not prevent
damages for rearing up the
unwanted child born out of a failed sterilization operation.
In some case, the Courts refused to allow this claim ... discomfort associated with unwanted
pregnancy as a result of failed sterilization operation and
: 25 :
with birth of the child and financial loss caused on account
cause of action for claiming compensation in cases of
failed sterilization operation arises on account of negligence of
the surgeon and not on account ... ignorance or carelessness, are
unable to avoid the consequences of a failed sterilization
operation. Towards this end, the State Governments should
think of devising
against respondents 1 & 2 for a failed sterilization operation and birth of an unwanted child.
2. Petitioner No. 1 is the wife and petitioner
