Liability in case of failed sterlizaiton depends on the facts and circumstances of each case. Informed Consent, indemnity Insurance plays a greater role in protecting doctors as well as healthcare institution. Advise for MTP in case of failure and follow up for at least two weeks at the time of discharge regarding the last missed period and same should be written in the discharge summary. Recently single Bench of the Delhi High Court [1, 2] ruled that doctors are not liable to be punished for medical negligence if the sterilisation procedure fails and someone conceives a child, in the facts and circumstance of two case, one against the Union of India and another against the NCT Govt.
of Delhi. In one case total compensation claimed was RS.1000000/ and in another Rs.6050000/. Case Law on Medical Negligence Referred: The Supreme Court in the case of Jacob Mathew vs. State of Punjab:…
