The commission held the doctor liable for medical negligence and deficiency in service. (Image generated using AI)The District Consumer Disputes Redressal Commission in Jharkhand’s Giridih recently directed a doctor to pay Rs 72,500 to a woman who became pregnant despite allegedly undergoing a tubectomy procedure at his clinic.President Virendra Kumar and member Kumari Vidyottama Bansal held the doctor liable for medical negligence and deficiency in service.“…the complainant has been succeeded to prove the medical negligence and deficiency in service committed by the opponent through cogent and credible evidences and as such the opponent has completely remained fail to rebut the credible evidences produced and proved by the complainant,” the order read.Compensation orderedAccording to the complaint, the woman and her husband, who already had two sons and a daughter, decided to undergo family planning. She approached the doctor, who allegedly advised her to undergo a tubectomy after examining her medical reports. She was admitted to his clinic on December 14, 2022, and paid Rs 15,000 for the procedure.The woman alleged that the doctor told her that she would not conceive again after the operation, during which the fallopian tube was reportedly removed and the remaining portion tied. However, on August 26, 2023, medical tests revealed that she was pregnant, leaving her shocked. She alleged that the doctor did not provide a satisfactory response when she tried to contact him.She subsequently approached the consumer commission, alleging medical negligence, deficiency in service and unfair trade practices.The doctor denied the allegations, and told the commission that the procedure had been performed efficiently and that the woman and her husband had been informed that tubectomy result cannot be a 100 per cent success. He submitted that the procedure carried a failure rate of 0.4 to 2 per cent and said that despite this the complainant and her husband had consented. He also stated that the woman could have approached a government or private hospital for an abortion if she did not wish to continue the pregnancy.Story continues below this adThe commission noted that both the parties had admitted that the complainant had underwent the tubectomy operation. It found that the opposite party had failed to submit any oral or documentary evidence to prove that the operation was carried out efficiently and not negligently.The commission held that the complainant had successfully proven medical negligence and deficiency in service through cogent and credible evidences. It therefore held her entitled to proper and sufficient relief.The commission thus directed the doctor to refund the Rs 15,000 charged for the procedure and pay Rs 50,000 as compensation for the physical and mental agony caused to the woman and her family, and Rs 7,500 towards litigation costs.TakeawayDoctors must exercise due care while performing sterilisation procedures and can be held liable for medical negligence and deficiency in service if the procedure fails due to proven negligence.Story continues below this adFor consumer-related grievances, individuals can contact the consumer helpline in their respective states and Union territories (Jharkhand: 1800-3456-598) or call the National Consumer Helpline at 1915 for assistance.Don’t miss out on these stories:E-commerce site charges Rs 34 above MRP, consumer commission slaps Rs 57,000 penaltyBranded shoes ‘develop cracks’ within 6 weeks, mother-son duo wins Rs 13,000 payoutFamily trip marred by ‘5-hour airport delay, poor hotels, extra bill’, man wins Rs 38,000Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More Tags:consumer courtConsumer Courtroom