Medical Negligence Cannot Be Assumed: Punjab & Haryana HC Sets Aside Compensation Order

Chandigarh: The Punjab and Haryana High Court recently set aside an Appellate Court’s decision awarding ₹30,000 compensation to a woman who conceived despite undergoing sterilization surgery. The court emphasized that medical negligence cannot be presumed solely due to an unsuccessful surgical outcome.

The bench, led by Justice Anil Kshetarpal, ruled that in the absence of evidence proving negligence or questioning the competence of the surgeon, a plea for compensation is unsustainable. The case involved a petitioner who became pregnant after a sterilization procedure. The trial court had dismissed her claims, citing a lack of evidence, but the First Appellate Court reversed this decision, presuming negligence due to the surgery’s failure.

State authorities argued that the petitioner had voluntarily undergone the procedure after signing a consent form acknowledging the possibility of failure. The High Court concurred with the state’s reliance on a Supreme Court precedent, stating that liability could not be imposed without proof of negligence.

The High Court underscored the need for tangible evidence, including expert testimony, to substantiate claims of medical negligence. Consequently, the Appellate Court’s judgment was deemed unsustainable, and the trial court’s dismissal of the case was restored.

This landmark ruling reiterates that an undesired medical outcome does not automatically imply negligence, setting a crucial precedent in medical liability cases.