Child of a couple who was born after failed tubectomy process becomes the responsibility of the State itself as it is due to medical negligence on the State’s part: Madras High Court
The Madras High Court passed a judgement on 28th of April, 2023 in which it directed the State to bear all expenses of the third child of a woman who was born despite tubectomy along with compensation to the woman. This was seen in the case of Vasuki v. The Secretary to Government and Ors. (WP(MD)No.4505 of 2016 and WMP(MD)No.4085 of 2016) and the case was presided over by The Honourable Mr. Justice B. Pugalendhi
FACTS OF THE CASE:
The petitioner filed a writ petition seeking an issue of a Writ of Mandamus for the respondents to pay compensation for medical negligence. The petitioner had gone through a Puerperal Sterilization by tubectomy process under the National Family Planning scheme. Despite the process, after eight months, she gave birth to her third child. Hence this petition to seek compensation.
The counsel representing the State contended that the process along with its risks were explained to the petitioner in detail prior to the procedure. She was also informed that if she experienced any delay in her menstrual cycle, she was to inform the authorities. She had also signed a form agreeing to not claim any compensation and thus is estopped from making any claim for compensation.
The learned single judge after listening to the contentions of both parties, established that Family Planning is a National Programme and the negligent acts in not performing the complete sterilization operation, sabotage the scheme of national importance. The petitioner had offered herself voluntarily for the scheme and the State should be responsible.
The court directed the State to bear all expenses of the third child of a woman who was born despite tubectomy along with compensation to the woman.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA