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
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 ... defendant or their doctor while performing the
sterilization operation upon the plaintiff. The plaintiff has thus failed to
discharge the onus of Issue
Present is a suit for damages emanating from failed
sterilization. According to the plaintiff she is housewife and has five
minor children out of which
done. It is not the
case of the plaintiff that sterilization failed. What she alleged is that the
abortion was not complete rather the feotus ... avail since all those deal
with cases of failed sterilization.
12 The case of the plaintiff is that she not only underwent an
MTP operation
sterilization and accordingly, she
approached the defendant no.3 on 12.10.1999 for sterilization and was
admitted in the hospital and the sterilization operation was done ... cause of action for claiming
compensation in cases of failed sterilization
operation arises on account of negligence of the
surgeon and not on account
reports, it is apparent that injection Calcium
Gluconate has failed to passed test of sterility. So
far as the contention of counsel for accused ... even as per
the report of CDL, Kolkata, drug has failed to pass
sterility test."
3. In the revision petition, it has been alleged
chances of failure of sterilization
operation as 0.4% at the time of sterilization?OPD.
2.Whether plaintiff failed to take precautions ... chances of failure of sterilization
operation as 0.4% at the time of sterilization?OPD.
2. Whether plaintiff failed to take precautions as per the
advice
Cbi vs Dr. O.P. Jain Ors on 7 June, 2024
Page No.1 of
cheque.
However, since the complainant has failed to prove the former fact unquestionably,
The presumption is rendered sterile and redundant ... succumbed to the weight of the cumbersome
onus which the complainant has failed to discharge.
68. A presumption is rendered unprolific and barren
