CHENNAI: A woman who gave birth to her third child, three years after a tubectomy procedure (family planning) at a government hospital, has approached the
Madras high court seeking Rs 10 lakh compensation for medical negligence.
Admitting the plea, Justice R Mahadevan ordered notice to the health and family welfare department and the Kanyakumari Government Medical College Hospital, returnable by two weeks.
Dhanam said she underwent a tubectomy on April 5, 2014 at the said hospital, after the birth of her second child. A sterilisation certificate was also issued by hospital authorities, she said.
When she visited the hospital on April 5, 2017, three years after the procedure, for a health check-up, the doctor told her she was pregnant and that the procedure was not successful. An endorsement to this effect was made in the case-sheet, Dhanam said.
Alleging negligence on part of the doctors who had performed the procedure, she said she had been
suffering mentally and physically due to the third pregnancy. In July 2017, she made a representation to the hospital authorities seeking Rs 10 lakh compensation.
On September 29, 2017 she gave birth to a girl. “Since the first two children of the petitioner were girls, she had availed the benefits offered through Chief Minister’s Girl Child Protection Scheme,” the petitioner’s advocate S P Sudalaiyandi said. As per the
terms of the scheme, since she had given birth to third child she could no longer
avail the benefit, he added.
Blaming the doctors and their negligence for making her ineligible to avail benefits, the petitioner wanted the hospital to compensate her loss. As the authorities were yet take a decision on her representation, she has approached the court.
Picture used for representational purpose
