Pune woman denied payout for failed sterilization

MUMBAI, October 2017:

The Pune district consumer forum has rejected a woman's complaint seeking compensation from the civic body for a failed sterilisation procedure, saying government hospitals are not covered under the Consumer Protection Act and also noted there was no medical negligence.

The woman had approached the forum with the complaint that the sterilisation procedure she underwent at a civic hospital failed and sought compensation of Rs 10 lakh from the Pune Municipal Corporation (PMC).

"It is not established by the complainant that doctors performing the surgery were not skilled and had no experience. Moreover, Kamala Nehru Hospital (where the procedure was carried out) is run by PMC and hence she cannot become a consumer (under the Act)," observed a two-member bench of the forum comprising president V P Utpat and member Onkar Patil, last week. They rejected the woman's of medical negligence by the hospital.

After the sterilisation, she said she was told that if she misses her menstrual cycle, she had to visit the hospital. She said doctors told her she will start menstruating soon but in February 2014, when an ultrasonography was done, it transpired that she was six weeks' pregnant.

She said doctors assured her that her pregnancy could be medically terminated but they did not accept responsibility about her health and life. Therefore, she said, she decided to continue the pregnancy. The sterilisation failure caused her mental agony and physical pain, she said.

The woman said she had three children and the failed procedure "unnecessarily burdened her with a fourth child".

Claiming her economic condition was very poor (her husband is a fish vendor), she sought Rs 10 lakh from the civic body.

The hospital denied the allegations and said the failure rate of female sterilisation was reported to be about 1.85% during a period of 10 years. It said even after taking precautions, there may be failure of the procedure for various reasons.

It said such failure was known to medical science and reported worldwide even in the US and UK. Every surgery carries its "advantages and disadvantages", "pros and cons" and "success and failures", the hospital told the consumer forum.

The hospital said standard medical protocol was observed and denied medical negligence by doctors treating her.

The forum held that the woman was responsible for the birth of her fourth child as she left the hospital when she was admitted for medical termination of pregnancy.

"The complainant has failed to establish medical negligence, much less deficiency in service, by the hospital," the bench noted.