Failed tubectomy: Madras HC orders Medical Officer to compensate
Madras High Court
Madurai: The Madurai bench of the Madras High Court recently directed the medical officer at Government Medical College, Thoothukudi, to compensate a patient for a failed sterilization procedure.
Despite undergoing a tubectomy procedure at the hospital, the patient became pregnant. While considering the patient's plea alleging medical negligence during tubectomy, the HC bench directed the Registered Medical Officer, GMC Thoothukudi, to pay Rs 60,000 as compensation.
The HC bench issued this direction after noting that the State Government, back on 31.05.2022, had passed an order quantifying the compensation at Rs 60,000 for the failure of the sterilization procedure.
"In a writ petition dealing with medical negligence, unless and until the facts stare at the face of the respondents, this Court should not venture into a detailed discussion on medical aspects. However, taking note of the fact that the first respondent has passed an order in G.O(Ms)No.173, dated 31.05.2022 quantifying the compensation at Rs.60,000/- for failure of sterilization procedure, there shall be a direction to the fourth respondent to pay a sum of Rs.60,000/- (Rupees Sixty Thousand only) to the writ petitioner's wife, within a period of two (2) weeks from today," ordered the HC bench comprising Justice V. Lakshminarayan.
The matter has been listed for a further compliance report on 17.04.2025.
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Already having a male and a female child, the petitioner's wife underwent a permanent sterilization procedure on 21.03.2018, and later, she was discharged from the hospital. However, it was shocking to both the petitioner and his wife when, after a couple of years, the patient fell sick, and when she was taken to the Primary Health Centre in Thoothukudi District, she found out that she had become pregnant again. After delivering another child on 03.07.2021, the petitioner's wife underwent the sterilization procedure all over again at AVM Hospital, Thoothukudi.
The petitioner pleaded that his wife became pregnant only on account of the negligent manner in which the sterilization operation was performed, and therefore, the Medical Officer at GMC Thoothukudi was liable to pay compensation for the said negligent act. He made a representation before the Government on 24.03.2022, and since it was allegedly not answered in a favourable manner, he filed the plea before the Madras High Court.
On the other hand, the Government advocate submitted that since the procedure undergone is tubal ligation, there was a rare possibility of the petitioner's wife conceiving again as about one in 200 women become pregnant after having undergone the procedure.
However, the counsel further submitted that this is an account of the fact that, over time, the fallopian tubes could have grown back. They denied the allegation of negligence and refuted that they were liable to pay Rs 5 lakh as compensation. In the counter, it was conceded that the Government had fixed the compensation of Rs 30,000 as per G.O(Ms) No. 150 of the Health and Family Welfare Department, dated 28.05.2014. Accordingly, they pleaded that there was an inherent risk of conception in all family planning operations, and it was not a failed surgery due to negligence. On these grounds, they sought for a dismissal of the plea.
After taking note of the submissions, the Court noted that the fact that the patient became pregnant again after the operation was not in dispute. "It is pleaded by the petitioner that there is negligence. M/s.P.B.Ahamed Yashmin Parvin, learned Government Advocate for the respondents, points out that in every tubal ligation, there is a possibility of the fallopian tubes growing all over again resulting in the pregnancy of the woman, who has undergone the operation. In a writ petition dealing with medical negligence, unless and until the facts stare at the face of the respondents, this Court should not venture into a detailed discussion on medical aspects," the Court observed at this outset.
Noting that the Government on 31.05.2022 quantified the amount of compensation at Rs 60,000 for failure of sterilisation process, the Court directed the Officer at GMC Thoothukudi to pay Rs 60,000 as compensation to the petitioner's wife.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/madras-hc-negligence-compensation-283092.pdf
