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Conception of Pregnancy Post Tubectomy Not Medical Negligence: P & H HC

The Punjab and Haryana High Court has held that the doctor performing tubectomy, at the time of child delivery, cannot be attributed medical negligence merely because the patient was not explained that the tubes would regress to their normal size after the delivery, and that during such regress, the tubes are likely to slip and the chances of failure of operation were more in case done at the time of delivery. The single bench was hearing the challenge against concurrent findings recorded by subordinate courts, whereby a suit for recovery of Rs. 1,50,000 for negligence of the appellant/defendant was decreed by the trial court in 1994 and the appeal against the same was partly allowed by the Additional District Judge, Jalandhar.

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