Compensation to the woman who delivered after the postpartum surgery refused by Kerala HC
Last Updated on November 30, 2023 by News Desk
On Tuesday the Kerala High Court had refused the claim for compensation that was made by a 39-year-old woman, as she had alleged that despite having the postpartum sterilization surgery and its negligence, she had given birth to her fifth child.
Arguments:- The appellant had informed that they were poor and they consulted the doctor to ensure that they do not have any more children and as per his recommendation she had undergone the surgery.
However, she conceived again and alleged that the Postpartum surgery was negligent and claimed 12 lakh rupees as compensation for the mental agony, suffering as well and expenditure.
The doctor on the other hand had claimed that he had been performing the surgery for years and the woman’s condition was the first one of failure. He had performed the surgery with utmost care and caution and informed the court of the rare possibility of the failure of the surgery which was also informed to the appellant.
Analysis:- The court examined several precedents in this matter as to the possibility of giving birth after the postpartum sterilization surgery. Justice CS Sudha noted that the appellant/plaintiff had conceived as well as delivered her 5th child nearly 5 years after the Postpartum sterilization surgery.
The court believed that the appellant had failed to prove the negligence and carelessness on the part of the doctor.
The court considered the rarest possibility of the pregnancy even after the postpartum surgery and the time gap of 5 years which happened between the delivery and the surgery.
Judgment:- The court concluded that no negligence could be attributed to the doctor.
Case Title:- XXX v. District Collector & Ors., RFA NO. 9 OF 2003-A 2023 LiveLaw (Ker) 697
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
