CHENNAI: The Madras High Court has reversed the order of a single judge granting compensation of Rs 3 lakh to a woman who had developed pregnancy even after undergoing tubectomy at a government hospital in Ranipet.
The first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan set aside the order of the single judge while allowing the appeal filed by the state health department.
The woman, Rihana of Ranipet, had three children when she underwent the surgery in 2018 at the government hospital at Arcot. However, she became pregnant in 2021. She then approached the high court alleging medical negligence and seeking compensation.
The single judge, apart from ordering Rs 3 lakh compensation, had also directed the government to bear the entire cost of education of the child. Reversing the order, the first bench noted that the affected woman is eligible for only Rs 60,000 compensation as per a G.O. of the state government governing such failed surgical procedure.
The bench also said the woman can seek remedy for higher compensation by approaching the appropriate civil court by proving the medical negligence claim.
