that Dr. Hardeep Sharma acted in a
negligent manner and failed to perform the sterilization operation. The
defendants contested the case while contending that there ... cause of action for claiming compensation in
cases of failed sterilization operation arises on account of
negligence of the surgeon and not on account
tubectomy operation', which the petitioner had
undergone for family planning, has failed and she has given birth to a 3rd
child.
It is case ... cause of action for claiming compensation in cases of
failed sterilization operation arises on account of negligence
of the surgeon and not on account
medical science. It is a pure and simple case of
sterilization operation having failed though duly performed.
xx xx
8 of 11
::: Downloaded ... delivery of child. There is no evidence that sterilization, in the instant case,
has failed merely because it was performed at the time of delivery
pregnant. Sterilization is a method, but not a 100% guarantee to check
conception. Even in the best hands, .5 to 2% sterilization cases failed
controversy to be resolved in this case is whether the said sterilization operation failed in routine per chance, or because of the negligence ... performed the impugned sterilization operation upon the plaintiff and at that time had told her categorically that despite of such sterilization operation, still there
cause of action for claiming compensation in cases of
failed sterilisation operation arises on account of negligence
of the surgeon and not on account ... guidelines and policy of State - Held,
failed tubectomy surgery is not case of medical negligence as
sterilized woman can become pregnant due to natural causes
annum on the ground that she
became pregnant after her sterilization operation.
1 of 4
::: Downloaded on - 30-11-2024 03:50:31 :::
Neutral Citation ... plaintiff gave birth to a female
child after the sterilization operation, however, she failed to prove negligence
of the Doctor. The respondent while appearing
like
operation is 2.1% and if the operation of the plaintiff had failed neither the
doctor nor the State can be held liable ... signed
the sterilization operation form in which it was clearly written that she knew
that laproscopic tubectomy operation may fail and for the failure
Government
consistent with the fact presumed, the
presumption will be rendered sterile from its
very inception, if out of judicial courtesy, it
cannot be rejected ... instant case, it has been held
above, that the prosecution, miserably failed, to prove, beyond a
reasonable doubt, the initial and the second demand
failure of operation of
sterilization. She denied that she was the motivator for the deceased for
undergoing the sterilization. She volunteered that the civil suit ... deceased and Dr.
Krishna Chaudhary for Rs. 50,000/- which eventually failed as accused
did not agree. She denied the suggestion that the deceased
