HC overturns compensation order, says Surgery Failure Does Not Equal Medical Negligence
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Setting aside the order of the Appellate court that had granted Rs 30,000 compensation to a patient who gave birth to child despite undergoing sterilization, the Punjab and Haryana High Court recently held that medical negligence cannot be presumed merely due to the unsuccessful outcome of a surgery.
Further, the HC bench comprising Justice Anil Kshetarpal also reiterated that if there were no allegations that questioned the surgeon's competence or there was no evidence to support claims of negligence, a plea seeking compensation for alleged medical negligence could not succeed.
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