Can't Assume Medical Negligence If Surgery Fails: Punjab & Haryana HC Rejects Relief for Post-Sterilization Pregnancy
The Punjab and Haryana High Court recently emphasized that medical negligence cannot be presumed solely based on the failure of a surgical procedure to deliver the expected result. The Court dismissed a woman’s claim for damages after she became pregnant following a sterilization procedure, reiterating that negligence must be substantiated with concrete evidence.
CASE BACKGROUND
The woman had undergone sterilization surgery, after which she gave birth to a child. She subsequently filed a suit seeking ₹90,000 in damages, alleging negligence by the surgeon. The trial court dismissed her claim, stating that the plaintiff had signed a consent form acknowledging that the operation might fail and that no assurances were provided regarding its success. However, the First Appellate Court reversed this decision, presuming negligence on the part of the surgeon, and awarded ₹30,000 in compensation with 6% interest per annum.
HIGH COURT OBSERVATIONS
Upon appeal by the State, the High Court, presided by Justice Anil Kshetarpal, noted that the First Appellate Court had relied solely on presumption rather than evidence to conclude negligence. "The medical negligence cannot be assumed only because a surgical procedure has failed to achieve the desired result," Justice Kshetarpal stated.( Refer page no.3 of the original order)
The Court highlighted that the plaintiff bore the burden of providing positive evidence, including expert testimony, to substantiate the allegations of negligence. The surgeon who performed the procedure, identified as Hardeep Sharma, testified during the trial that no guarantees of success were given and that failures, though rare, were possible.
The Court cited the Supreme Court’s judgment in State of Punjab vs. Shiv Ram and Others (2005), which established that liability for medical negligence cannot arise without clear evidence of incompetence or negligence on the part of the surgeon.
VERDICT
Justice Kshetarpal ruled that the claim of negligence was based solely on an assumption and lacked supporting medical evidence. "In the absence of allegations of incompetence or negligence against the surgeon, the suit for damages cannot be decreed," the Court held ( Refer page no.3 of the original order). Consequently, the High Court overturned the First Appellate Court's decision and reinstated the trial court’s judgment dismissing the suit.
The judgment reaffirms the principle that failure of a medical procedure does not automatically imply negligence. Patients alleging medical negligence must provide specific evidence of malpractice or incompetence to substantiate their claims.
Case Title: Punjab State and others v. XXXX
Date: November-18-2024
Bench: Justice Anil Kshetarpal
[Read/Download order]
