NEW DELHI: Doctors cannot be blamed if the sterilisation procedure fails, the Delhi High court has said, while rejecting a woman’s negligence claim for ` 60 lakh after her operation failed and she became pregnant.
“An unsuccessful sterilisation procedure does not necessarily imply that the attending doctors were negligent,” Justice Vibhu Bakhru said.
The woman, who was already the mother of two, had undergone a sterilization procedure to prevent any further pregnancies. However, soon after the operation, she discovered she was pregnant with her third child.
Claiming that the doctor had fudged the procedure, she moved the court through her lawyer RK Tarun and sought compensation to bring up her third child.
The court in its recent ruling remarked that the woman was fully conscious of the risks involved in sterilisation and that she had signed the consent form in which she agreed not to seek compensation for maintenance of the child in case of failure.
Most sterilisation surgeries are performed after the parties agree to the consent form which shields the doctor or the hospital from any sort of liability in case the procedure fails.
In view of her accepting the terms for the operation, the claim for bringing up the child or for compensation on account of failure of the procedure, cannot be entertained, the court said.
However, the judge said the woman was entitled to ` 20,000 under the family planning insurance scheme of the government for maintenance of the child.