In State of Haryana v Smt Santra (2000), a sterilisation performed at a government hospital failed and the woman conceived again. The Supreme Court held that:

• A The operating surgeon alone is personally liable to pay compensation
• B Government hospitals are exempt from compensation claims entirely
• C Neither the State nor the doctor is liable since sterilisation failure is a known complication
• D The State is vicariously liable for the negligence of its doctors in a government hospital, though the doctor is not personally liable ✓

Explanation

The Supreme Court held the State of Haryana vicariously liable for the negligent performance of the sterilisation by its employed surgeons, awarding compensation to the mother. However, the individual doctor was not made personally liable because he acted in the course of official duties. Failure of sterilisation due to proven negligence is actionable, which eliminates option C.

Reference: Parikh's Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology, 7th ed.

High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP

Written and medically reviewed by the StethoPrep medical team.