Conception of pregnancy post tubectomy not medical negligence: High Court of Punjab and Haryana.
The Punjab and Haryana High court has held that a doctor performing tubectomy , at the time of child delivery cannot be blamed for medical negligence merely because he/she did not explain that the tubes would regress to their normal size after the delivery, and that during the regress, the tubes are likely to slip thereafter there will be no chance of a further pregnancy.
The single bench was hearing the challenge against concurrent findings recorded by subordinate courts, whereby a suit of Rs. 1,50,000 for negligence of the defendant was decreed by the trial court in 1994 and the appeal against the same was partly allowed by the Additional District Judge, Jalandhar.
Before Justice Rekha Mittal, it was contended that the 4th child was born to the respondent in the clinic of the appellant in 1987 through cesarean section. On the persuasion of the appellant, the former gave consent for a tubectomy procedure to be performed at the time of delivery. The appellant revealed to the respondent after the surgery, that she will never conceive in the future. She was operated upon for the lowest segment and during the operation tubical legation was also carried out to prevent further pregnancy.