Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Tort

Tuesday, February 07, 2006
Tort

Tort — Damages — Medical Negligence — Sterilization operation — Failure of — Held, merely because a woman having undergone a sterilization operation became pregnant and delivered a child, the operating surgeon or his employer cannot be held liable for compensation on account of unwanted pregnancy or unwanted child — The claim in tort can be sustained only if there was negligence on the part of the surgeon in performing the surgery — The proof of negligence shall have to satisfy Bolam’s test — So also, the surgeon cannot be held liable in contract unless the plaintiff alleges and proves that the surgeon had assured 100%exclusion of pregnancy after the surgery and was only on the basis of such assurance that the plaintiff was persuaded to undergo surgery.

 
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