No compensation for childbirth after ligation | Ahmedabad News - Times of India
Ahmedabad: The Gujarat State Consumer Dispute Redressal Commission has rejected a complaint filed by a woman seeking compensation for unwanted childbirth after tubal ligation surgery.
The compensation was denied on the ground that the woman had an option to abort the fetus, but she did not do it.
The case involved Rachnaben Jain from Odhav, who had undergone tubal ligation surgery for prevention of childbirth in June 2009 at Ashirvad Hospital of Dr Priya Patel. In January 2010, the woman came to know that she was pregnant and visited the doctor again for medical advice, and delivered a child in June 2010.
In 2011, Jain sued the doctor with the commission for Rs 50lakh compensation alleging medical negligence for which she had to give birth to an unwanted child, whose expenditure she claimed until he turned major.
In defence, Dr Patel submitted that the woman was advised for medical termination of pregnancy and offered free treatment, but her relatives had asked for money. The woman did not turn up for abortion as advised. She had even received Rs 30,000 under the Family Planning Programme. It was also submitted that tubal ligation operation does not guarantee permanent sterilization and failure can occur without negligence.
After hearing the case, the commission said, “If she(complainant) had not chosen to do so (abortion), she has to bear the consequences. The amount of compensation asked by the complainant can be said to be a remote damage which cannot be permitted under the law. Therefore, the birth of child has chosen by the complainant herself. The amount narrated in the complaint for food, clothing, education and other miscellaneous expenses,and mental emotional distress, medical expenses, loss of enjoyment of life suffered by the complainant can be said to be remote damages.”
The commission also said, “It is not feasible to attribute negligence / deficiency to the doctors; it is difficult to conclusively establish medical negligence.”