counsel for the petitioner that on
26.3.2016 the petitioner had undergone sterilization operation,
however, in spite of that she conceived and delivered a child ... female
sterilization and his contention is that there is no
such method which provides for 100% guarantee
in case of sterilization operations.
This Court
medical negligence on the part of the
defendants while performing sterilization operation. Merely
because the plaintiff delivered a child, the operating surgeon
cannot be held ... plaintiff was already pregnant at the time when the
sterilization operation was done. Learned counsel for the
appellants has further submitted that at the time
cost; that the operation which was done on the plaintiff, was the modified Pomeroys operation; that the risk of pregnancy following sterilization is higher ... done very carefully; that as per the analysis of the sterilization operation found in the international journals, there was an approximately 0.5% chance of pregnancy
abdominal tubectomy operation to
become tension free. On 28.1.1998, operation was done and OP assured
complainant and her husband that successful sterilization has been performed ... clear that sterilization is not 100% safe and secure and after getting
knowledge of conception in spite of having undergone the sterilization
operation
emerge from the
complaint file are that the complainant had undergone sterilization operation
in a family planning camp organized by the opposite parties ... tubectomy operation and the complainant was explained
the pros and cons of the said operation and failure thereof and only after
written consent operation
plaintiff as damages for the negligence and carelessness in performing the sterilization operation done by the first defendant to the plaintiff. The case ... follows:-
The plaintiff, being mother of two children, had underwent sterilization operation on 10.3.1990 which was done by the first defendant, the then Medical Officer
family
planning operation can really fail unless precautions are taken by the person,
undergoing such operation, after the said operation as per medical advice ... failure of operation in any case may come within percentage of those
operations, which rule out the foolproof nature of such operations, still
Respondent
runs as
under:-
"Merely because a woman having undergone a
sterilization operation became pregnant and delivered
a child, the operating surgeon or his employer ... gathered the knowledge of conception in spite
of having undergone the sterilization operation, if the
couple opts for bearing the child, it ceases
case of the respondent-employee,
prior to his re-employment, a sterilization operation was undertaken by his
wife and therefore, as per the policy ... employed person,
if he or his spouse had undergone sterilization operation prior to his re-
employment, was not entitled to an increment
that the issue of special pay of Rs. 20/- for
undergoing sterilization operation was considered by this Court in
D.T.C. v. Presiding Officer ... wherein it was held that the „Special Pay‟ for undergoing the
sterilization operation was integral to his wages and could not have
been withheld while
