The Punjab and Haryana High Court has emphasized that medical negligence cannot be assumed solely due to the unsuccessful outcome of a surgery. In a recent ruling, Justice Anil Kshetarpal stated that for a claim of medical negligence to be valid, there must be concrete evidence challenging the competence of the surgeon or establishing negligence.
The case in question involved a woman who had undergone a sterilization procedure performed by a qualified surgeon. Despite the procedure, she became pregnant and filed a lawsuit seeking ₹90,000 in damages along with 18% annual interest. The initial trial court dismissed her claim, noting that no evidence of negligence had been presented. However, the first appellate court overturned this decision, presuming negligence due to the pregnancy post-surgery and awarded ₹30,000 in compensation.
On appeal, the High Court overturned the first appellate court’s ruling, pointing out that the woman had signed a consent form acknowledging the potential for failure of the sterilization procedure. The consent form explicitly waived liability in case of failure.
Justice Kshetarpal reiterated, “Medical negligence cannot be assumed only because a surgical procedure has failed to achieve the desired result.” He further added, “In the absence of allegations that the surgeon was not competent or negligent, the suit for damages cannot be decreed.”
