An­other Case

Consumer Voice - - Sterilization Failure -

for ster­il­iza­tion op­er­a­tion. More­over, the pe­ti­tioner could not pro­vide any ev­i­dence to prove her claim that she paid Rs 65 for the op­er­a­tion and that the grant given by the gov­ern­ment was re­tained by the re­spon­dents.

Hence, she is not en­ti­tled to any claim on the ground that she paid fee for the op­er­a­tion.

In yet an­other case – Dr PR Venu­gopal ver­sus TK Sheena and oth­ers – de­cided in the Na­tional Com­mis­sion by the Co­or­di­nate Bench in Oc­to­ber 2014, the Com­mis­sion held thus:

‘In the case in hand, Dr Venu­gopal was a qual­i­fied gy­nae­col­o­gist. We do not find any neg­li­gence com­mit­ted by him in con­duct­ing the tubec­tomy op­er­a­tion. He had ex­plained the fact of non-re­sec­tion of right fal­lop­ian tube, and asked the pa­tient to go for hys­teros­alp­in­gogram (HSG), an in­fer­til­ity test. The pa­tient did not turn up for fur­ther in­ves­ti­ga­tions as ad­vised. The surgery was per­formed by a tech­nique known and rec­og­nized by med­i­cal science. There­fore, in our opin­ion fail­ure, due to nat­u­ral causes would not pro­vide any ground for claim. And if the cou­ple opts for bear­ing the child, it ceases to be an un­wanted child.’

Points to Note

any ground for claim. If the cou­ple opts for bear­ing the child, it ceases to be an un­wanted child. in cases of failed ster­il­iza­tion op­er­a­tion arises on ac­count of neg­li­gence of the sur­geon and not on ac­count of child­birth. preg­nancy, it can be ter­mi­nated and this is legal and per­mis­si­ble un­der Med­i­cal Ter­mi­na­tion of Preg­nancy Act, 1971.

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