On December 13, 2021, the District Consumer Disputes Redressal Commission at Karimnagar, Telangana State, India awarded the husband of a woman who became pregnant after a failed sterilization procedure the sum of “Rs.2,00,000/- towards compensation, Rs.25,000/- towards mental agony and Rs.5,000/- towards costs of the legal proceedings within one month from the date of receipt of the order, failing which it carries interest @ 9% p.a. from date of filing the complaint till realization.”
The Commission stated: “The case of the complainant is that the complainant’s wife underwent Tubectomy operation at opposite party doctor who also performed second delivery. Due to irregular periods on 22-08-2011 the complainant took his wife to PHC Ragineedu where on investigation pregnancy was confirmed. Thus the operation conducted by the opposite party doctor complainant wife was failed due to negligence in conducting the Tubectomy operation.”
“The opposite party resisted the claim of the complainant stating that the opposite party submitted that it was the responsible of the complainant and his wife to consult the doctor who had conducted the operation and no false assurance had been given to the complainant and his wife that the operation would be 100% successful. The opposite parties submitted that they have conducted the operation as per procedures and medical rules without any negligency and deficiency in service, as such there is no deficiency on the part of the opposite party towards complainant and his wife, hence prayed to dismiss the complaint.”
The Commission stated: ” … it is observed that the wife of complainant who was regular patient of opposite party in first and second delivery since conceiving pregnancy, had undergone the sterilization of operation to avoid further children due to her economic condition, on 27-11-2009 after giving birth to second child on the same day. The opposite party doctor also issued sterilization certificate, whereas she became pregnant despite the said operation and gave birth to unwanted 3rd child, (Male) on 4-3-2013 at about 5-39 pm at Vijaya Hospital at Peddapalli.”
The Commission continued: “The opposite party in their counter and Affidavit stated that prior to conducting Tubectomy operation she has explained the complainant and his wife about the percentage of failures in family planning operation, but failed to confirm the same with any documentary evidence … The opposite party also submitted in the counter and Affidavit that complainant also gave undertaking to the opposite party that they will not claim anything if the family planning operation is failed, but the opposite party failed to confirm the same through document.”
The Commission held: “we feel that the opposite party was negligent while conducting sterilization operation on complainant’s wife the citation filed by the opposite party is not proper to consider, and therefore is liable to compensate the complainant for the deficiency committed by her.”
The award of the Commission is equivalent to just over 3,ooo US Dollars. The complaint was filed more than eight-and-a-half years before the Commission’s decision.
If you or a loved one suffered a failed sterilization procedure in the United States, you should promptly find a medical malpractice lawyer in your state who may investigate your failed sterilization procedure claim for you and represent you in a failed sterilization medical malpractice case, if appropriate.
Visit our website or call us toll-free in the United States at 800-295-3959 to find medical malpractice attorneys in your U.S. state who may assist you with your failed birth control claim.
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