Lok Nayak Hospital vs Prema on 6 August, 2018

2. The facts of the case are that 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

RFA 56/2006 Page 2 of 18
sterilization operation, resulting in defect and deficiency in the

operation, therefore respondent/plaintiff became pregnant again to

have her 7th child. After serving a legal notice/Ex. P-3 and which was

replied to by the appellant/defendant no.2 vide reply dated 24.1.2003,

Ex. P-2, the subject suit was filed.

Source: Indian Kanoon

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