MEDICAL NEGLIGENCE IN STERLIZATION CASES

National Commission in the matter of Smt Mithlesh Vs Medical Officer (Incharge) District Ghaziabad Revision Petition No. 3997 of 2014 from the order dated 10.09.2014 of the Uttar Pradsh State Consumer Disputes Redressal Commission, Lucknow in Appeal no. 2278 of 2011 has held :

If the women has suffered an unwanted pregnancy, it can be terminated and this is legal and permissible under the Medical Termination of Pregnancy Act, 1971. If the couple opts for bearing the child, it ceases to be an unwanted child. The cause of action for claiming compensation in cases of failed sterilization operation arises on account of negligence of the surgeon and not on account of child birth.Failure, due to natural causes would not provide any ground for claim. 2011

The facts in brief in the present case are –

The operation of the petitioner was conducted by Dr Manju Sharma at Primary Health Centre, Dhaulana on 12.12.2003 with full precaution and the same was in accordance with medical standards. After  operation, the child was born to petitioner on 28.08.2004, The petitioner gave birth to the child 35 weeks and 5 days after the operation, while the normal period for the birth of a child is 37 weeks to 42 weeks. From the same it was clear that the petitioner had conceived the child prior to the operation. Though at the time of operation, it has to be enquired from the women as to whether they were pregnant and regarding the last period cycle and after getting the information, operation is conducted and advise given that if in the next month menses is not there then she should immediately contact to the health center. But the petitioner, at the time of inquiry, had given wrong information regarding pregnancy and she did not contact the doctor nor to A N M for not having menses thereafter. The petitioner  neither gave any information to the primary health center nor to the doctor and neither her name was entered in the register. If the petitioner would have provided information to the doctor or primary health center the termination of pregnancy would have done within 20 weeks. Due to omission to do so and the carelessness of the petitioner the child was born.. Compensation for maintenance and upbringing of such a child cannot be claimed if the couple opts for bearing the child because  it ceases to be an unwanted child.------------------------------------------------------------DR PREM LATA

 

 

 

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