Madras HC Orders Compensation: Due To ‘Medical Negligence’ Woman Gets Pregnant

The Madurai Bench of Madras High Court has recently ordered the authorities to pay the amount of Rs 3 lakh compensation & Rs 1.2 lakh per year to a woman who got pregnant pleading medical negligence.

Vasuki is a housewife and her husband works as a farm daily wager. After the birth of her 2nd child on July 19, 2013, Vasuki underwent Puerperal Sterilization by Tubuctomy on July 29 of the same year.

But she conceived another baby the very next year who was born on January 6, 2015. Again, she underwent the course to avoid future pregnancies.

Earlier, Vasuki addressed the court, claiming for medical negligence by Thuthukudi Government Medical College and Dr D. Shobana, who conducted Vasuki to abort the child.

Therefore, an additional government pleader submitted that Vasuki was well informed about its success rate, and the procedure that was supposed to inform hospital authorities within 2 weeks if she didn’t get her menstruation.

Mentioning further, an additional government pleader stated that Vasuki can only claim Rs 30,000 and can sought dismissal of the case.

After the of hearing submissions, Justice Pugalendhi passed order stating that the petitioner is authorized for Rs 3 lakh compensation. Pugalendhi also said that the respondents shall also provide free education either in government or private schools to the child of the petitioner.

Also, all expenses on books, stationary, uniforms and other miscellaneous education expenses shall also be met by the respondents.

Further, the respondents shall pay a sum of Rs 1.20 lakh per year to meet child’s need for food & proper upbringing till he completes his graduation or attaining 21 years.