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Woman in Gujarat moves consumer court seeking compensation over failed tubectomy operation

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Aaquib Chhipa, Ahmedabad: A woman who works as a labourer has moved consumer court seeking compensation after she got pregnant and conceived a baby following a failed tubectomy operation under the family planning scheme in Gujarat.

The woman claimed that she already has three children and due to the failed tubal sterilization she got pregnant and delivered a baby again. She has sought compensation of Rs 10 lakh as the lifetime upbringing expense of the child born after the tubectomy operation.

The woman has claimed Rs 2 lakh for mental shock and Rs 5000 for operation expenses. In all, she claimed Rs12.05 lakh from the government doctor who performed her operation in a hospital at Palanpur.

The doctor, Dr. Darshan Kela who operated on the petitioner lady under family planning in a reply before the consumer court said that 1 out of 400 cases of tubal sterilization fails due to natural causes.

The doctor also presented the papers citing that in case of failed operation due to unknown reasons the doctor cannot be held responsible for the same and the petitioner lady has signed the same.

Reasons for failed tubectomy sterilization

  • Recanalization of the tube:- rejoining of fallopian tubes.
  • Formation of the tube peritoneal fistula:- if tubes open up due to natural causes then the fetus can develop in parts other than the womb.
  • Incomplete division of tube in Pomeroy’s technique.
  • Presence of very early clinically undetectable pregnancy.

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The doctor also presented the data that 106 sterilization operations have between 2006 to 2017 in Banaskantha district. In most such cases, the government pays compensation to the complainant. No guarantee is given to the complainant that she may not get pregnant in the future, the doctor claimed.

The doctor submitted that as the complainant has undergone the operation under family planning the state government has the policy to compensate in case of complexity or failed operation. Hence, the petitioner should claim compensation before the Health and Family Welfare department of the state. According to the government policy, a compensation of Rs 30,000 is paid in case of a failed sterilization operation.

After considering the arguments of both the parties the consumer court observed that as the government scheme is available petitioner lady can apply for compensation before the concerned department of the state.

The woman had undergone a tubectomy operation in December 2017 and she once again got pregnant in January 2019.

 

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