Madurai : The Madurai bench of Madras High Court ruled in favor of a woman who became pregnant after undergoing tubectomy in Thoothukudi government medical college hospitaland directed the Tamil Nadu State Government to pay the womancompensation of 3 Lakhs. The bench further directed the government to pay Rs. 1.20 Lakhs per year or Rs.10,000 per month for the child nourishment and other needs till the child graduates or attains 21 years of age, whichever event occurs first. The Justice B Pugalendhi’s bench also instructed the government to shoulder the cost of education for the woman’s third child, in a government or private institution and asked the government to reimburse any fee already paid and bear all future expenses related to books, stationery, uniform, and other educational requirements.
This verdict was issued in response to a petition filed by a woman from Thoothukudi at the Madurai bench. The woman, a homemaker, and her husband, an agricultural laborer, already had two children when she opted for a tubectomy at Thoothukudi government medical college hospital. However, due to an alleged medical negligence, she conceived again and subsequently gave birth to a third child. To prevent further pregnancies, she had to undergo another tubectomy procedure. She later approached the High Court, seeking compensation for the doctor’s alleged negligence. The Court said that it cannot be brushed aside that without there being any negligence or carelessness on the part of the Doctor who performed the sterilization operation on the petitioner, she gave birth naturally. In fact, after the third delivery, the petitioner underwent the very same procedure for the second time and after the same, she did not conceive. Therefore, the Doctor who performed the sterilization operation on the petitioner for the first time, did not perform the duty to the best of her ability and with due care and caution. Further, due to this, the petitioner was made to suffer mental pain, agony and burden of financial liability.Justice Pugalendhi noted that the family planning programme, being implemented nationwide through various government hospitals and health centres, falls squarely under the government’s purview. The medical officers, despite being trusted with this critical responsibility, have shown negligence, thereby undermining the scheme.
