Madras High Court Orders Compensation for Failed Tubectomy

The Madurai Bench of the Madras High Court has directed the Medical Officer at the Government Medical College (GMC), Thoothukudi, to pay Rs 60,000 as compensation to a woman who became pregnant despite undergoing a sterilization procedure.

Background of the Case

The woman, already a mother of two children (a son and a daughter), had opted for a tubectomy on March 21, 2018, at GMC Thoothukudi. She was discharged from the hospital after the surgery.

However, a few years later, she began experiencing health issues. Upon visiting the Primary Health Centre in Thoothukudi, it was discovered that she was pregnant again. She gave birth to another child on July 3, 2021. After the delivery, she underwent again for tubectomy again at AVM Hospital in Thoothukudi.

Allegations of Medical Negligence

The petitioner, the woman’s husband, claimed that the pregnancy occurred due to the negligent manner in which the tubectomy was carried out at GMC Thoothukudi. He had submitted a representation to the government on March 24, 2022, seeking compensation. When he received no favorable response, he approached the Madras High Court with a plea for justice.

Government’s Response

The government advocate acknowledged that, while the procedure performed was a standard tubal ligation, there is a rare possibility of failure. It was explained that, in some cases, the fallopian tubes can naturally regenerate over time, leading to unintended pregnancies. The government argued that this was a known risk associated with all family planning surgeries and did not necessarily indicate negligence.

The government also stated that, according to a previous order (G.O.Ms.No.150, dated May 28, 2014), compensation in such cases was fixed at Rs 30,000. However, a later order (G.O.Ms.No.173, dated May 31, 2022) revised the compensation amount to Rs 60,000 for failed sterilization procedures.

Court’s Observation and Decision

The court presided over by Justice V. Lakshminarayan, noted that the fact of pregnancy after the sterilization procedure was undisputed. While acknowledging the inherent risks involved in such procedures, the court emphasized that the government had already fixed the compensation amount for such outcomes, regardless of proven negligence.

The judge stated that detailed medical discussions are not warranted in such writ petitions unless the facts establish negligence. Based on the revised government order, the court directed the Medical Officer at GMC Thoothukudi to pay Rs 60,000 to the petitioner’s wife within two weeks.

Conclusion

The case has been listed for a compliance report on April 17, 2025, to ensure the payment has been made as ordered.

This ruling highlights the importance of accountability in medical procedures and the government’s framework for compensating patients in rare cases of sterilization failure. While the court did not delve into technical aspects of medical negligence, it ensured that the patient received due compensation as per government policy.

Source: Inputs from various media Sources