THIRUVANANTHAPURAM: The Kerala State Consumer Disputes Redressal Commission (KSCDRC) overturned the judgement of a lower forum that ordered a hospital management to pay Rs 1 lakh compensation to a woman after she became pregnant despite undergoing sterilization at the same hospital. The Commission, which examined documentary evidence, found out that the surgery failed not due to negligence but due to ‘natural causes’.
As per the complaint filed by Raihanath, wife of Abdurahiman of Edakkara, Malappuram, she consulted Dr. Jessy Joy of Prasanthi Hitech Hospital, Manjeri with a pregnancy in November 2005. Due to her poor health she was directed to discontinue it. She already had two children. Soon after this, she underwent a sterilisation surgery at a cost of Rs 20,000. However in 2011, she found out that she was pregnant again.
She then moved the Malappuram Consumer Disputes Redressal Forum pointing out that the surgery failed due to negligence and sought compensation. Hospital officials denied the allegation and contested that the chances of failure in the sterilisation operation was well explained earlier. However, the Consumer Forum ruled in favour of the woman and directed that Rs 1 lakh be paid to her.
In an appeal to KSCDRC, where documentary evidence was analysed, it found that all standard procedures and post-operative check-ups were followed. Also, the doctor had given no promises of 100 per cent success and hence, the failure as a result of the surgery was because of ‘natural causes’. Interestingly, Mrs. Raihanath also admitted that she never felt that her three children including the boy delivered in March 2012, were a burden. As a result, the scope of compensation for causing mental agony was also ruled out. The hospital management was represented by advocates Shyam Padman and S.Reghukumar.
