Chennai: A woman, who conceived after undergoing family planning operation in a government hospital, has approached Madras high court seeking a direction to the surgeons to pay a compensation of Rs 10 lakh for their negligence in the service.
Justice R. Mahadevan, before whom the petition came up for hearing, has ordered notice to health secretary, Director of Medical Education, Registered Medical Officer, Kanyakumari Government Medical College Hospital, Nagercoil and Deputy Director, Medical Rural Development, Nagercoil. Directing th
em to file reply, the judge adjourned matter to two weeks for further hearing.
In the petition Dhanam of Aralvaimozhi of Kanyakumari district, submitted that she got married in 2010 and gave birth to two female children. When the second female child born was on April 5, 2014, in Kanyakumari Medical College Hospital, Nagercoil she had undergone ‘tubectomy’ operation in the same hospital.
Subsequently, a ‘sterlisation’ certificate was also issued to her and tahsildar also issued certificate for getting benefits under the state government’s Female Children Welfare Scheme.
On April 5, 2017, after examining her, the Medical Officer of the Kanyakumari Medical College Hospital informed her that she was pregnant. The lab test report confirmed “Single Viable, 12 weeks 6 days mature normal for date fetus and expected delivery date was fixed on October 22, 2017”.
Stating that ‘tubectomy’ operation done was a failure, she gave representation to the authorities seeking for a compensation of '10 lakh. On instruction from RMO of the hospital she appeared before the official on August 30, 2017.
However, the RMO did not pass any order or recommended her case to Government to grant compensation. While so, on September 9, 2017, she gave a birth to a girl baby in a private hospital.
Dhanam said she already received assistance from the government since her family had only two female children. Stating that those who have three female children will be deprived of the benefits under scheme she sought direction to the authorities to pay her compensation of Rs 10 lakh. She also referred verdict of a Supreme Court judgment in 1996 directing the authorities to grant appropriate compensation to the victim for the medical negligence.
