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
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
performed and without any negligence on the part of the surgeon,
the sterilized woman can become pregnant due to natural causes. Once the woman
misses ... cause of action for claiming compensation in cases of failed sterilization
operation arises on account of negligence of the surgeon and not on account
claiming a total compensation of Rs.7 lacs for the failed
sterilization procedure conducted by OP-2 Dr. S.K. Bhandari of Sir Ganga ... complainant underwent sterilization procedure at Sir Ganga Ram Hospital on 05.01.1998 for the purpose of
family planning. However, the procedure failed and she became pregnant
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.
With the above observations, the revision petition is dismissed
judgment in which it
was observed as under:
28. The
methods of sterilization so far known to medical science which are most popular
and prevalent ... cause of action for claiming compensation in cases of failed sterilization
operation arises on account of negligence of the surgeon and not on account
case that may fall within
the negligible percentage of failed sterilization. According to the OP the failure of
sterilization due to natural recanalaziation ... refuge under that percentage of sterilization are
minimal and if such plea is allowed then every sterilization that failed would
fall within lowest percentage
clearly of the opinion that
merely because a woman having undergone a
sterilization operation became pregnant and delivered
a child, the operating surgeon ... cause of action for claiming compensation in
cases of failed sterilization operation arises on account
of negligence of the surgeon and not on account
Honble Supreme Court has held that merely because
woman having undergone sterilization operation became pregnant and delivered a
child, an operating surgeon cannot be held ... satisfy Bolams test. Cause of action for claiming
compensation in failed sterilization operation arises on account of negligence
of operating surgeon and not on account
operated by respondent
No.2 for tubectomy operation. The operation had failed and a female child was
born to complainant No.1 on 19.12.1990. Therefore ... cause of action for claiming compensation
in cases of failed sterilization operation arises on
account of negligence of the surgeon and not on
account
