- (1.)Nourse L J said:
"Of all sciences, medicine is one of the least exact. In my view, a doctor cannot be objectively regarded as guaranteeing the success of any operation or treatment unless he says as much, in clear and unequivocal terms."

1. The Complainant-1, Smt. T. K. Sheena had undergone Post-Partum Sterilisation(PPS) operation at Central Hospital Tellichary by Dr. P. R. Venugopal (OP-1) on 13.01.2002 and she was discharged on 19.01.2002. Thereafter, she became pregnant, hence filed a complaint against the OP-1, doctor and OP-2, a proprietor of the hospital for a compensation of ?5,00,000/-. The District Forum allowed the complaint and awarded ?1,00,000/- towards compensation and ? 1,000/- as costs of litigation to the Complainant.

(2.)Against the order of the District Forum, the OP filed the First Appeal before the State Commission. The State Commission dismissed the Appeal. Hence the OP filed this Revision Petition before this Commission.
(3.)At the admission hearing, we have heard the Ld. counsel for the petitioner. The counsel submitted that, the OP doctor Venugopal, performed tubectomy operation by Promeroy's Method, with all precaution. The Promeroy's technique of sterilization is a standard procedure which is being widely followed. However, due to dense adhesions, the fallopian tube on the right side, could not be identified, in spite of prolonged efforts. Hence, tubectomy was not done on the right side. This was immediately informed to the Complainant -2 and relatives. The Complaiant-1 was informed about the same on the next day. The Complainant-1 & 2 and their relatives were very well informed of the fact that since fallopian tube on the right side was not identified, the patient was discharged on 19.01.2002 with advice to do a hysterosalpingogram (HSG) after 3 months', to assess the patency of the tubes. This fact was clearly mentioned in the case sheet of the Central Hospital. It was also advised to the complainants, about the option of vasectomy, in future.