Failed tubectomy: Madras HC sets aside Rs 3 lakh compensation, orders Rs 60k
Madras High Court
Chennai: The Madras High Court has set aside a single judge's order directing the Tamil Nadu government to pay Rs 3 lakh compensation to a woman who became pregnant despite undergoing a tubectomy procedure at a government hospital.
The bench held that the patient was entitled to Rs 60,000 under the state government's applicable compensation scheme and reduced the amount.
A Division Bench passed the order while allowing an appeal filed by the State Health Department against the single judge's decision.
According to a report by The New Indian Express, the woman had undergone tubectomy at a government hospital in Arcot, Ranipet district, in 2018, when she already had three children. However, she became pregnant in 2021, following which she approached the High Court alleging medical negligence and seeking compensation.
The single judge had earlier directed the government to pay Rs 3 lakh as compensation. The order also required the government to bear the entire educational expenses of the child born following the procedure.
Challenging the order, the State Health Department approached the Division Bench, which reconsidered the compensation awarded in the case.
As reported by The New Indian Express, the Division Bench set aside the single judge's order and noted that the patient was eligible for compensation of only Rs 60,000 under the state government's Government Order governing failed sterilisation procedures.
The Bench also addressed the question of claiming compensation beyond the amount provided under the government scheme.
According to the report, the High Court stated that the woman could seek higher compensation before the appropriate civil court by establishing her claim of medical negligence.
Accordingly, the Division Bench allowed the State Health Department's appeal and reversed the single judge's directions awarding Rs 3 lakh compensation and requiring the government to bear the child's educational expenses.
Also Read:Failed tubectomy: Madras HC orders Medical Officer to compensate
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