Vasectomy failure does not imply medical negligence: HC

CHANDIGARH: Punjab and Haryana HC overturned the compensation awarded to a couple who conceived a child after a failed vasectomy, reports Ajay Sura. HC said this was "not due to medical negligence " but because the couple did not exercise "due care and caution". While passing the order, judge Nidhi Gupta referred to a SC verdict, saying a sterilised woman can become pregnant due to natural causes but could opt for termination of pregnancy.

The pleadings in the case took a dramatic turn with the husband comparing his restraint to that of Lord Ram, claiming he showed "great tolerance" by not abandoning his wife, invoking Sita's 'Agni Pariksha.' To this, HC referred to the couple's medical reports and said the girl born due to failed vasectomy was their daughter, so there was no cause for social stigma.

The state had approached HC arguing that the couple ignored the post-surgery precautions advised by doctors.