LAWS(MAD)-2023-3-96

SANTHI Vs. DISTRICT MEDICAL OFFICER

Decided On March 31, 2023
SANTHI Appellant
V/S
DISTRICT MEDICAL OFFICER Respondents

JUDGEMENT

(1.) The plaintiff in O.S.No. 205 of 2004 on the file of the Subordinte Judge, Tiruvanamalai, is the appellant before this Court.

(2.) The plaintiff submits that she is an agricultural coolie and has two daughters to be maintained in additional to her husband. She hails from a poor family and has to eke out a living only by resorting to coolie work.

(3.) The first defendant did not agree to the averment made in the plaint and filed a written statement hotly contesting the case. This statement was adopted by the other defendants. The bare facts of the case is that on 15/8/1991, the plaintiff was admitted and underwent Laproscopic surgery. According to them, the plaintiff did not report any menstrual problems after the operation and did not come for periodical medical check up and had willingly carried on with her pregnancy. They would further submit that, family planning operations are being done with special care as such operations are of national interest. They would further submit that the said special care which was endowed to all people was endowed to the plaintiff also. They would further submit that in every surgery, there is a given rate of failure and it is unfortunate that in this particular case, the victim was the plaintiff. They would further submit that to avoid any suits being filed, the Doctors are in habit of obtaining signature in a prescribed form those who are operated upon. They denied the allegation that the plaintiff is a poor person and stated that the Tahsildar gave a report that the plaintiff's husband is having a house and is getting an annual income of Rs.6,000.00. The matter was taken up for trial by the learned Special Judge, Tiruvannamalai.