The Kerala High Court on Tuesday, November 28, refused the compensation claim of a 39-year-old woman who underwent postpartum sterilisation (PPS) surgery. The woman claimed that she conceived and gave birth to a fifth child despite having undergone post-partum sterilisation (PPS) surgery due to the negligence of the doctor who performed the same. The high court bench of Justice CS Sudha noted that the plaintiff had conceived and delivered her fifth child nearly five years after the PPS surgery. "Had the surgery actually been a failure as alleged by the plaintiff (appellant mother), the chances or possibility of the plaintiff conceiving would have been much earlier...The time gap between the surgery and the plaintiff conceiving also probabilises the contention of the defendants that it was due to the natural cause referred to hereinabove that the plaintiff happened to conceive and deliver her 5th child and not due to any negligence or carelessness of the 2nd defendant (2nd respondent doctor) in carrying out the surgery," the court stated. HC on Obscene Books: Courts Cannot Read a Book and Hold That It Is 'Obscene' if Prosecution Fails To Prove It, Says Kerala High Court.

HC on Medical Negligence

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