Issue of failed sterilization, medical negligence and compensation: A global review

ABSTRACT

It is a general perception among the medical fraternity that failure of sterilization operation leading to unwanted pregnancy is not a medical negligence on their part. But situations do arise when it may amounts to medical negligence and compensation may be awarded by the court as damages. In case of Government employees it may be a case of vicarious liability and for which state has to pay for the fault of its employees. This paper deals with global and Indian scenario of the problem, views of various courts in India and across the globe on the question of medical negligence, compensation and vicarious liability, etc. It also discusses these issues in detail in light of decision of the Supreme Court of India in Santra case of 2000.