Madras High Court: The Court placed the onus probandi on the plaintiff in the case relating to medical negligence where a woman who has undergone a sterilisation operation becomes pregnant. The Court, relying upon the case of State of Haryana v. Raj Rani (2005) 7 SCC 22, held that the cause of action for claiming compensation in such cases of failed sterilisation operation arise only on account of negligence of the surgeon and not on account of childbirth .The Court said that the methods of sterilisation so far known to medical science, are not 100% safe and secure and in spite of the operation having been successfully performed, a sterilised woman can become pregnant due to natural causes as the fallopian tubes which are cut and sealed may reunite which may result in unwanted pregenancy even though the surgery was performed by a proficient doctor. The Court, further, held that even after the sterilisation operation, if a lady gives birth to a child, there is no presumption that there was medical negligence because several textbooks on medical negligence have recognised that the percentage of failure of the sterilisation operation due to natural causes varies between 0.3% to 7%. In the present case, where the plaintiff was unable to prove negligence on part of the doctor, the Court held that in such cases of spontaneous recanalisation of fallopian tubes out of natural causes, doctors cannot be held liable for medical negligence. [N.Sumathi v. The State of Tamil Nadu, S.A.No.572 of 2013, decided on June 17, 2013]
Posted on: Wed, 26 Jun 2013 09:47:33 +0000
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