cause of action is stated to be founded upon a failed sterilization, which the petitioner underwent on 27.01.2009. According to the petitioner, owing ... failed sterilization, she conceived and gave birth to an unwanted child and consequently she is inter alia entitled to a grant of compensation
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
suit for damages, the cause of
which was a failed sterilization operation at the Government
Hospital. Evidence was led and negligence was found on
appreciation
that the cause of action for claiming compensation in case of failed sterilization operation arise on account of negligence of the surgeon
again went to the
Petitioner/Clinic who confirmed that the sterilization had failed and she was
in fact pregnant. She was offered an
abortion ... their thumb impression both on the Sterilization
Consent Form as well as MTP Intake Sheet.
The MTP and sterilization was performed on 19.03.2002 with utmost
show cause notice to the firm for failing to supply any more quantities of sterile gloves during that year. Even within 15 days of issuance ... firm mentioned therein, i.e., M/s MRK Healthcare had failed to supply the sterile gloves, and it is thus apparent that the failure
child would be born to her but later on the
sterilization operation had failed and the child was born.
2. It was further pleaded that ... discharged on 8.12.2003. Again the sterilization operation conducted by the
respondents failed and it was very difficult for the appellants to afford the child
opposite party Dr.Usha, Gynecologist in performing sterilization operation. It is vehemently argued that the failure of sterilization was due to natural cause ... pregnant, even after sterilization operation performed by the 1st opposite party Dr.Usha. According to the complainant, the sterilization operation failed due to the negligence
respondent
no.2 that it has denied that it has failed in performance of duty
whatsoever. Yet the respondent no.2 has not denied rather ... Municipal Council was
spending on purification and sterilization of water, however it
has utterly failed to take care and abide by the duty of ensuring
held that in a case where sterilization operation was performed has
failed and the person, who underwent operation conceived and gave birth to a
child
