The brief fact of the case is as follows. The complainant had some nasal and respiratory problems. He approached the complainant who, after the investigation, recommended a septoplasty performed on August 18, 1999 at the second respondent`s hospital. It was the case of the complainant that the pain worsened after the operation and that the respiratory problem was maintained. As a result of the investigation, the complainant was advised to take certain antibiotics for a serious nasal infection. Despite taking these medications, the Complainant was not relieved and was transported to Saint John`s Hospital. A computed tomography (CT) scan showed that there was a deposit in the nasal cavity for which an endoscopy was performed at St. John`s Hospital. The cotton gas was removed from the nasal area on 28 November 2000. In these circumstances, an appeal was lodged with the National Commission for Medical Negligence on the part of the complainant and the second respondent. After consulting evidence and other documents, the State Commission found the second defendant guilty of medical negligence and asked him to pay compensation under paragraph 1 lake with interest of 6% per annum from the date of the complaint, as well as the lawyer`s fees 5000 / – As a result of this decision, the plaintiff filed this appeal.
The Supreme Court also ruled that, for the sole reason that a woman who had undergone sterilization surgery became pregnant and gave birth to a child, the surgeon or her employer cannot be held responsible for the payment of compensation for unwanted pregnancy or child. The right to an unlawful act is only acceptable if the surgeon is negligent in conducting an operation or if the surgeon has undertaken to 100% exclude pregnancy after the operation. Proof of negligence must be in accordance with the Bolam test. The cause of the failure of the sterilization operation can be determined by laparoscopic inspection of the uterine tube, by an X-ray or by a pathological examination of the removed material during a subsequent disintegration operation. The plea alleging failure of the sterilization operation is due to the negligence of the surgeon and not to congenital malformations due to natural causes. (1) What are the obligations of the operator? A list of any services included in these services is available in Annex 1. .