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
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
Sharda Devi, wherein the State Government was requested, that notwithstanding, a failed sterilization it would be a prudent step on the part of a welfare ... society, notwithstanding the fact as to who is responsible for such failed sterilization. We hope and trust that State Government will take appropriate steps with
negligence due to failure of sterilization operation, has clarified the position with regard to claims regarding failure of sterilization and following the decision ... that the cause of action for claiming compensation in cases of failed sterilization operation arises on account of negligence of the surgeon
