Many cases of sterilization failure are reported in media where medical team is always accused of it/s failure and few also challanged in court too.In the matter titled as “Lok Nayak Hospital versus Prema, RFA No. 56/2006” the Hon’ble High Court of Delhi vide judgment dated 06.08.2018 has held that medical negligence is not proved in case of unsuccessful sterilization operation, if the doctor / hospital has duly got the consent form and other forms signed by the patient and counter signed by her relatives in which it was specifically mentioned by the doctor / hospital that the operation need not be always successful and there are always some chances of failure, and if the operation is not successful the hospital or the concerned Doctor will not be held responsible.

                            The respondent/plaintiff filed the subject suit by pleading that she was operated upon on 15.5.2001 in the appellant’s/defendant’s hospital by the concerned doctor namely Dr. Deepa. Respondent/plaintiff pleaded that she took all post operative care including taking all prescribed medicines as also precaution but after a few months of the operation she suspected that she had conceived and therefore when she went to the Physical Health Centre at Dayalpur, Delhi, on 21.10.2002 and has got herself examined on 23.10.2002, it was discovered that respondent/plaintiff was pregnant as the tubectomy operation performed on her had failed. Respondent/plaintiff pleaded that Dr. Deepa (defendant no. 1 in the suit) fell short in taking reasonable and due care while performing the sterilization operation, resulting in defect and deficiency in the operation, therefore respondent/plaintiff became pregnant again to have her 7th child.

                     The suit was contested by the appellant/defendant and it was denied that there was any negligence while performing the sterilization operation. The appellant/defendant pleaded that the respondent/plaintiff before performing her operation had signed two forms on 14.5.2001, and which forms were also counter-signed by the sister-in-law/Bhabhi of the respondent/plaintiff namely Ms. Suman, and that in these forms Ex. PW-1/D-1 and Ex. PW-1/D-2, it was specifically mentioned by the appellant/defendant that the operation need not be always successful and there are always some chances of failure, and if the operation is not successful the appellant/defendant or the concerned Doctor will not be held responsible. The contents of these documents were explained to the respondent/plaintiff in Hindi in the presence of her sister-in-law/Bhabhi.

               Delhi High Court observed and ordered bypassing trial court order that it is to be noted that the only allegation of negligence alleged by the respondent/plaintiff against the appellant/defendant is that the tubectomy/sterilization operation failed. Since medically there is never a 100% chance of success in sterilization operations, the mere fact that the operation was not successful, that by itself cannot be a reason to hold the appellant/defendant and its doctors guilty of negligence. 

                Firstly, signing of such forms is always and invariably got done by any private or public Hospital before a tubectomy/sterilization operation. Secondly, the documents Ex. PW1/D-1 and Ex. PW-1/D-2 contain the thumb impressions of the respondent/plaintiff and whereas a signature can be forged but thumb impressions can never be forged.

                   Therefore at every hospital whether Private or Government ,any department or individual doing such operation should specifically inform the patient and her relatives that medically the said operation is not 100% successful. There should be an informed consent form which specifically mentions that sterilization operations are not 100% successful and the same should be signed by the patient and her relatives (with their name). The thumb impressions of the patient and her relatives should also be taken as the same cannot be forged along with their signatures.