Rupees 10 Lakh relief sought for faulty tubectomy

Justice R Mahadevan issued notice returnable by two weeks to the registered Medical Officer, Kanniyakumari Government Medical College Hospital, Nagercoil, Health Secretary, Director of Medical Education and the Deputy Director, Medical Rural Development, Kanyakumari.

Dhanam, a resident of Aralvaimozhi in Kanniyakumari got married in 2010 and gave birth to two girls. After the birth of the second child on April 5, 2014, she had undergone tubectomy at the Medical College Hospital and a sterilisation certificate was issued. The tahsildar also issued a certificate acknowledging benefits under the Female Children Welfare Scheme, which would accrue only during the marriage of the two girl children.

Dhanam was suffering from thyroid problem and was taking treatment. When she had gone for check up in April 2017, the Medical Officer confirmed that she was pregnant.

She then took an ultra sound obstetric scan, which said “Single Viable, 12 weeks 6 days mature normal for date foetus and expected delivery date 22.10.2017.” Following this, she made a representation to the authorities seeking a compensation of Rs 10 lakh citing exacerbated mental agony and financial crisis caused by the pregnancy. But though she appeared before the RMO on August 30, 2017, the official failed to pass any order or recommend her case for compensation.

Subsequently, the third child, also a female, was born on September last. Stating that the Government benefit already provided to her for two female children will be lost as those who have three female children will be deprived of it, she sought for a direction to the Government to grant appropriate compensation for medical negligence.