HC orders relief to woman who conceived after failed sterilisation

Madurai: Madras high court has ordered 60,000 compensation to a woman who conceived after a failed sterilisation procedure performed at the Govt Medical College Hospital in Tuticorin district.
The court was hearing a petition filed by a man from Tuticorin district. The petitioner and his wife have two children. On the advice of the registered medical officer, family welfare, the petitioner's wife underwent a permanent sterilisation procedure on March 21, 2018.
After a couple of years, the petitioner's wife conceived again. The woman delivered a girl in July 2021 and subsequently underwent a sterilisation procedure once again at a private hospital.
The petitioner stated that his wife became pregnant due to the negligent manner in which the sterilisation operation was performed. Therefore, the registered medical officer, family welfare, Govt Medical College Hospital is liable to pay compensation.
The authorities submitted that since the procedure undergone was tubal ligation, there is a rare possibility of the petitioner's wife conceiving again. They also denied the allegation of negligence.
Justice V Lakshminarayanan observed that facts relating to the sterilisation procedure undergone by the woman and the fact that she became pregnant again after the procedure are not in dispute. It is pleaded by the petitioner that there is negligence. However, the authorities contended that in every tubal ligation, there is a possibility of the fallopian tubes growing all over again, resulting in the pregnancy.
The judge observed that in a petition dealing with medical negligence, unless and until the facts are evident, the court should not venture into a detailed discussion on medical aspects. Taking into account a GO passed in 2022 quantifying the compensation at 60,000 for the failure of the sterilisation procedure, the judge directed the registered medical officer to pay 60,000 to the petitioner's wife.