Court Turns Down Relief to Sterilised Woman Who Gave Birth
By MEHER ONISA : 24-Dec-2016
The Delhi State Consumer Disputes Redressal Commission had declined the plea of the sterilized patient Sunita, who had filed a complaint against a hospital whose alternative measures had failed in keeping her safe from conceiving.
She had even claimed a compensation amount of Rs 5 lakh against the clinic but was rejected.
Despite of opting an infertility option from the local city-based hospital Sunita conceived again after five years.
Sterilisation is not a 100 percent safe and guaranteed procedure said the Delhi State Consumer Disputes Redressal Commission due to which the woman was turned off.
In February 2002, Sunita gave birth to her 3rd child and decided to opt for family planning. The doctors suggested her a sterilisation option to which she and husband consented but she conceived later in times.
The woman alleged the hospital for its carelessness and negligent approach. She claimed about the wrong medical advice rendered by the practitioners.
The complainant had sought an indemnity of Rs 5 lakh. She had even petitioned for the remuneration amount of Rs 10,000 for mental agony and yet another Rs 5,000 towards litigation expences.
The hospital counsel informed the court that the case was filed to extract money under the provisions of the Act. They assured the court about the absolute medical vigilance was kept on every patient during every procedure and no negligence was proved on the part of the doctors.
The court had therefore ruled out all the allegations of Sunita who had herself admitted that she was free from the pregnancy for five years after sterilisation. If the complainant was not interested in the child, as is alleged, she could have terminated her pregnancy as this is made legal and permissible under the Medical Termination of Pregnancy Act, 1971.