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
cause of action for claiming compensation in cases
of failed sterilization operation arises on account of
negligence of the surgeon and not on account ... unwanted pregnancy resulting from a sterilization operation
cannot be granted. It can also be observed that sterilization
operation are always subject to some exigency like
failed. As observed by the Hon'ble Supreme Court in the case of Raj
Rani (Supra) childbirth inspite of a sterilization operation can
occur ... trial Court has not even framed the issue that whether
the sterilization operation failed due to negligence on the part of
the concerned Doctor
Dr. Bharatbhai Harivadan Parmar vs State Of Gujarat & on 30 October, 2015
Author: J
lady doctor, a State Government employee, claiming
damages for a failed tubectomy as the woman conceived
and gave birth to a child notwithstanding the procedure ... medical science. It is a pure and simple case
of sterilization operation having failed though duly
performed. The learned Additional Advocate General has
also very
that the samples were sterile and no
endo-toxins were found. The sample in question passed
the test of sterility and endo-toxins ... failing the
particulate matter test and clarity of solution test are
incorrect in view of the fact that the samples have passed
the sterility test
that the samples were sterile and no
endo-toxins were found. The sample in question passed
the test of sterility and endo-toxins ... account of samples failing the
particulate matter test are incorrect in view of the fact
that the samples have passed the sterility test and endo
medical science. It is a pure
and simple case of sterilization operation having failed though
duly performed. There is nothing on record established by
plaintiff ... thus clear that there are several alternative
methods of female sterilization operation which are
recognized by medical science of today. Some of them are
more
bottom, is yet not, only, incomplete but insufficient and inefficient.
11. We fail to understand, as to why, the learned Sessions Judge ... failed to comprehend as to why the Additional Public Prosecutor, who belongs to a creed and chamber of "pro-bono-publico", failed
Mohmed vs State on 9 January, 2012
Bench: Jayant Patel , Z.K.Saiyed
Gujarat High
