Vasectomy failure not medical negligence! HC sets aside compensation order

Chandigarh: Noting that failure in a sterilisation operation does not imply medical negligence, the Punjab and Haryana High Court recently set aside the compensation granted to a couple for the failure in the vasectomy surgery, due to which the woman conceived and gave birth.

It was observed by the HC bench comprising Justice Nidhi Gupta that the chances of vasectomy failure are rare, with rates ranging from 0.3% to 9% and the petitioners fell in that “rare bracket”.

“This would not imply any negligence on part of defendant No.4 (doctor). Learned lower Appellate Court has also not considered that prior to the operation, as per the certificate issued to the plaintiffs, it was made clear that in case of failure of operation, there was no liability upon the defendants,” observed the HC bench.

The history of the case goes back to 1986 when the petitioner had filed an application at a Government Health Centre to undergo a vasectomy. He underwent the operation and paid the amount. Back then, the petitioner had been categorically instructed not to indulge in intercourse for the next three months and was asked to use contraception, and after three months to get a semen check-up.

Also Read: Telangana: 4 women die post botched sterilisation surgery, Govt orders probe

However, the petitioner alleged that his wife got pregnant, and when he went to the Civil Hospital and got himself checked, he was informed that the vasectomy operation had failed. Accordingly, the couple gave birth to their 5th child

While considering the matter, the trial court had earlier ordered the recovery of Rs 1,00,000 with interest at the rate of 6% per annum from the date of the birth of the child, i.e., 02.07.1988.

The decision was challenged by the State at the High Court, and the State’s counsel argued that the trial court erred in law in not appreciating the true spirit in which it was clearly stated that, after operating, necessary precautions advised by the doctors had to be taken by the patient. 

The State also submitted that the patient was asked to submit an undertaking stating that in case the operation failed, the Defendant would not be responsible for the same.

After hearing the arguments, the Court noted that “The record reveals that the plaintiffs have failed to produce any proof that there was no carelessness on their part and/or that they had complied with the aforesaid directions of the Doctor that is plaintiff Ram Singh had got his semen checkup done three months after the operation.”

Even though the petitioner claimed that he had visited the Civil Hospital for a semen check-up, the Court noted that there was no proof that he had visited the Civil Hospital three months after the operation for his semen testing.

Another factor that the Court highlighted was that even though the petitioners claimed it to be an unwanted pregnancy, there was no viable reason given as to why the said pregnancy was not terminated by the woman.

“Record reveals that it was pleaded by the plaintiffs that *** was unable to terminate the pregnancy as she was weak. However, there is no evidence brought on record by the plaintiffs to prove the said contention. Even *** never attempted to get the pregnancy removed,” observed the Court, further adding that there was nothing on record to suggest that the petitioner’s wife was not fit for undergoing the medical termination of pregnancy.

These factors were ignored by the Appellate Court, opined the HC bench.

“Singh/plaintiff was unsuccessful. No doubt, the said vasectomy of *** was unsuccessful; however, learned lower Appellate Court ought to have considered the fact that it was not denied by the plaintiffs that Dr. R.K. Goel had performed thousands of such operations. The statistics reveal that the chances of failure of vasectomy is rare with rates ranging from 0.3% to 9%. The plaintiffs fell in that rare bracket. This would not imply any negligence on part of defendant No.4. Learned lower Appellate Court has also not considered that prior to the operation, as per the certificate issued to the plaintiffs, it was made clear that in case of failure of operation, there was no liability upon the defendants,” observed the bench, as it set aside the compensation granted by the trial court.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/punjab-hc-vasectomy-283589.pdf

Also Read: Failed tubectomy: Madras HC orders Medical Officer to compensate

Powered by WPeMatico

Medical Bulletin 19/ April/ 2025

Here are the top medical news for the day:

Chronic Pain May Quadruple Risk of Depression: Study Finds
A new study published in Science Advances reveals that individuals suffering from chronic pain—defined as lasting three months or more—are up to four times more likely to develop depression. Chronic pain affects nearly 30% of people worldwide, and those with pain in multiple body sites face an even higher risk of depression compared to those with pain in a single area.
To reach these findings, the researchers analyzed data from 431,038 participants in the UK Biobank, following their health outcomes over 14 years. Participants reported pain in areas including the head, neck, back, hips, knees, and more. The researchers assessed the relationship between pain reports and depression diagnoses, alongside measuring inflammation levels to better understand potential underlying mechanisms.
The study also points to inflammation as a possible biological link. The team identified elevated levels of inflammatory markers, such as C-reactive protein (CRP), in individuals experiencing both chronic pain and depression. This suggests that inflammation may play a key role in connecting the two conditions.
Researchers from Yale University emphasized the close link between physical and mental health. “Pain isn’t only physical,” said Dr. Dustin Scheinost, Associate Professor at Yale School of Medicine. “Our study adds to the evidence that physical conditions can have mental health consequences.”
“We often think of brain health or mental health as separate from cardiac or liver health,” said Scheinost. “But all of these body systems influence each other.”
The findings underscore the need for integrated approaches in healthcare, recognizing how chronic physical conditions like pain can significantly impact mental well-being.
Reference: https://medicine.yale.edu/news-article/inflammation-may-be-the-link-between-chronic-pain-and-depression/
Study Shows Early Dual Drug Therapy Could Prevent 5,000 Heart Attacks per Decade
A new study by Imperial College London and Lund University has found that thousands of heart attacks, strokes, and deaths could be prevented annually with the early use of two affordable cholesterol-lowering drugs—statins and ezetimibe. The research, published recently, underscores the potential of this low-cost combination therapy to save lives and ease healthcare burdens worldwide.
Cardiovascular disease is the leading cause of death globally, with heart attacks being the most common event. Survivors are at the highest risk of a second heart attack in the first year due to increased blood vessel sensitivity. While statins are widely used, ezetimibe is often not prescribed early due to concerns about side effects. However, researchers found that the combination therapy is both safe and significantly more effective when started promptly.
To investigate this, scientists analyzed data from 36,000 Swedish heart attack patients treated between 2015 and 2022. Using advanced statistical models to emulate a clinical trial, they compared patients who received statins and ezetimibe within 12 weeks of a heart attack to those who began later or used only statins. Early dual therapy was linked to reduced risk of further heart attacks, strokes, and death.
“This study shows we could save lives with two low-cost drugs, yet many patients globally don’t receive them together,” said Prof. Kausik Ray of Imperial. “It’s time for care pathways to change.”
Co-author Dr. Margret Leosdottir added that global treatment guidelines should be updated to reflect the benefits of early combination therapy that has minimal side effects. The study calls for immediate action to improve post-heart attack care and prevent unnecessary suffering.
Reference: https://pharmaceutical-journal.com/article/news/earlier-treatment-with-combination-of-drugs-could-prevent-5000-heart-attacks-per-decade-study-results-suggest#:~:text=Based%20on%20Swedish%20registry%20data,a%20better%20prognosis%20and%20less
Climate Change Linked to Rising Arsenic in Rice, Increasing Health Risks: Lancet Study
Climate change may significantly impact arsenic levels in paddy rice, a staple food for millions across Asia, reveals a new study from Columbia University’s Mailman School of Public Health. The research shows that increased temperatures above 2°C, coupled with rising carbon dioxide (CO2) levels, lead to higher concentrations of inorganic arsenic in rice, potentially raising lifetime health risks for populations in Asia by 2050. The findings are published in The Lancet Planetary Health.
By measuring the effects of rising temperatures and CO2 on 28 rice strains over ten years in the field using FACE (Free-Air CO2 Enrichment) methodology, and combining advanced modeling techniques, the team estimated inorganic arsenic doses and health risks for seven Asian countries: Bangladesh, China, India, Indonesia, Myanmar, the Philippines, and Vietnam.
Health risks were calculated for cancer and non-cancer outcomes. Estimates of rice availability in 2021 by country, as reported in Food and Agriculture Organization of the United Nations (FAO) food balance sheets, were used as the starting point for estimating rice ingestion. The standard deviation of rice ingestion per kg bodyweight from the U.S. Environmental Protection Agency data was used to create a normal distribution for each country.
The study’s projections for 2050 suggest a sharp rise in lifetime cancer cases, particularly lung and bladder cancers. China is projected to see the highest number of cases, with an estimated 13.4 million cancers linked to rice-based arsenic exposure.
Lewis Ziska, PhD, Columbia Mailman School associate professor of Environmental Health Sciences explained that the higher arsenic levels are likely due to climate-related changes in soil chemistry that favor arsenic that can more easily be absorbed into rice grain.
“From a health perspective, the toxicological effects of chronic iAs exposure are well established; and include cancers of the lung, bladder, and skin, as well as ischemic heart disease, Emerging evidence also suggests that arsenic exposure may be linked to diabetes, adverse pregnancy outcomes, neurodevelopmental issues, and immune system effects. In fact, “ingesting rice in regions like southern China and Southeast and South Asia is already a significant source of dietary arsenic and cancer risk,” said Ziska.
“Based on our findings, we believe there are several actions that could help reduce arsenic exposure in the future,” Ziska noted. “These include efforts in plant breeding to minimize arsenic uptake, improved soil management in rice paddies, and better processing practices. Such measures, along with public health initiatives focused on consumer education and exposure monitoring, could play a critical role in mitigating the health impacts of climate change on rice consumption.”
“Our study underscores the urgent need for action to reduce arsenic exposure in rice, especially as climate change continues to affect global food security,” says Ziska.
Reference: Impact of climate change on arsenic concentrations in paddy rice and the associated dietary health risks in Asia: an experimental and modelling study, Wang, Dongming et al. The Lancet Planetary Health, Volume 0, Issue 0

Powered by WPeMatico

Research identifies new cut-off points for overweight and obesity in male athletes

New research presented at this year’s European Congress on Obesity (ECO 2025, Malaga, Spain, 11–14 May) shows that the internationally recognized body mass index (BMI) cut-off points greatly overestimate overweight and obesity in male athletes. The study, from Italy, also proposes new cut-off points for overweight and obesity in this group.

Powered by WPeMatico

Research identifies key enzyme target to fight deadly brain cancers

Researchers have found that targeting an enzyme called PGM3 can help stop the growth of glioblastoma, the most dangerous type of brain tumor. Study findings are published online in the journal Science Advances.

Powered by WPeMatico

GLP-1 therapies show potential for treating rare genetic disorder Bardet-Biedl syndrome

A Monell Chemical Senses Center study published this week in the Journal of Clinical Investigation offers renewed hope for individuals living with Bardet-Biedl Syndrome (BBS), a rare genetic disorder characterized by early-onset obesity, compulsive eating, and cognitive impairments.

Powered by WPeMatico

Low-income patients with diabetes are more likely to experience insurance instability, researchers find

An Oregon Health & Science University-led study reveals that low-income adults with diabetes are more likely to go in and out of health insurance, and that insurance instability is even worse for those with complex needs.

Powered by WPeMatico

Rare variants in GPKOW associated with multisystemic X-linked developmental disorder

A new study published in Genetics in Medicine identifies a novel disease-associated gene, GPKOW, that plays an important role in the development of the brain, eyes and other organ systems. Researchers at Baylor College of Medicine, the Jan and Dan Duncan Neurological Research Institute (Duncan NRI) at Texas Children’s Hospital and collaborating institutions show that rare variants in GPKOW, a gene on the X-chromosome, cause a severe multisystemic syndrome resulting in restricted fetal growth, small head size (microcephaly) and severe brain and eye abnormalities.

Powered by WPeMatico

Gurugram Hospital technician arrested for sexual assault on patient

Gurugram: A 25-year-old technician working at Medanta Hospital in Gurugram has been arrested in connection with the alleged sexual assault of a woman patient, police said. 

The accused has been identified as Deepak (25), a native of Bihar’s Muzaffarpur, who had been living in Gurugram for some time, they said. 

A senior police officer said that during the interrogation, the accused revealed that he joined Medanta five months ago after completing his bachelor’s in Operation Theatre Technology at a private university here, news agency PTI reported.

Police said they identified the accused after examining CCTV footage, interrogating the hospital staff and investigating various facts.

Also Read:SIT formed to probe alleged sexual assault on patient at Gurugram Hospital

“Over 50 employees of the hospital and some doctors were questioned, and footage from 800 CCTV cameras was examined. After multiple analyses, we finally identified the accused and arrested him today. He has confessed to the crime,” said Dr Arpit Jain, DCP (headquarters), who led the special investigation team in the case.

The accused will be produced before the court on Saturday for further proceedings, and the probe is still underway, police added.

“We have been informed that the police have identified a suspect who has been taken into custody in connection with the ongoing investigation concerning allegations of sexual assault on a patient. On the basis of the information provided to us by the police, at present, we have suspended the suspect employee,” the statement issued by the hospital’s medical superintendent Dr Sanjay Durani read, reports TOI.

The incident came to light when the 46-year-old flight attendant lodged a complaint on April 14. She alleged that she was admitted to Medanta Hospital on April 5 for some treatment. And, on the next day, April 6, a man carried out digital rape on her in the hospital ICU room, where two other nurses were also present who did nothing to stop him.

Also Read:Rape allegations rock Medanta: Patient Alleges Sexual Assault by Hospital Staff While on Ventilator

Powered by WPeMatico

JB Chemicals gets USFDA nod for hypertension drug Bisoprolol

Mumbai: J.B. Chemicals & Pharmaceuticals Limited has announced that the company has received approval from the United States Food
and Drug Administration (US FDA) for its Abbreviated New Drug Application (ANDA),
Bisoprolol Tablets USP, 5 mg, and 10 mg.

The product is the generic version of Zebeta (Teva).

Bisoprolol Tablets are
indicated in the management of hypertension. 

Hypertension is a condition where the force of the blood against the artery walls is consistently too high. It’s often called a “silent killer” because it usually has no symptoms but can lead to serious health issues.

Read also: JB Chemicals and Pharma Panoli facility concludes USFDA inspection no observations

Established in 1976, J.B. Pharma is a pharmaceutical company headquartered in Mumbai, India. Besides India presence, which accounts for majority of its revenue, its other two home markets are Russia and South Africa. The company exports its finished formulations to over 40 countries including the USA. Besides supplying branded generic formulations to several countries, it also manufactures medicated lozenges. It has eight state of the art manufacturing facilities in India including a dedicated manufacturing facility for lozenges. The manufacturing facilities are certified by leading regulators across the world.

Read also: KKR divests 5.8 percent stake in JB Chemicals & Pharma for Rs 1460 crore

Powered by WPeMatico

HC orders ESIC Hospital Andheri Completion by August 15

Mumbai: After the massive fire incident in December 2018, the Employees’ State Insurance Corporation (ESIC) Hospital in Andheri East remained non-operational all these years. The Bombay High Court, through a recent judgement, ordered the corporation to finish rebuilding its Model Super Speciality Hospital in Andheri East by August 15, 2025. 

Disposing of the PIL filed by Rajesh Sharma, former Deputy Mayor of Mumbai, the court has also asked ESIC to make sure the hospital starts functioning by January 31, 2026, which was badly damaged in the fire in December 2018.

The order came after a public interest litigation (PIL) filed by Rajesh Sharma, former Deputy Mayor of Mumbai. Sharma, through his lawyers Rahul Kamerkar and Aparajita Jha, urged the court to take action as the hospital had not resumed services even after more than five years. 

Also read- Fire at ESIC Hospital Mumbai: 6 killed, 145 injured; Minister announces Compensation

The Indian Express has reporetd that the PIL stated that the Andheri Model ESIC Hospital used to give various services such as OPD (Out-Patient Department), IPD (In-Patient Department), ICU (Intensive Care Unit) and Super Speciality services.

Through his PIL, Sharma raised concerns that ESIC has not taken any steps to restart the said hospital despite over five years having passed since the fire incident. The said hospital is the largest ESIC hospital in the city with a capacity of nearly 350 beds and superspeciality facilities.

Medical Dialogues in 2018 reported about an unfortunate fire incident in the 5th storey Employees State Insurance Corporation (ESIC) Hospital in MIDC, Marol, in Andheri that took away six lives and injured more than 145 people. Later, the death toll increased to 11 people.

The victims were immediately rushed to the other hospitals: RN Cooper Hospital, Thackeray Trauma Hospital in Jogeshwari, Holy Spirit Hospital and Seven Hills Hospital in Andheri, Hiranandani Hospital in Powai, and Siddharth Hospital in Goregaon.

The fire broke out on the fourth floor of ESIC and happened on December 17, 2018, when 20 LPG cylinders were stored under a staircase without proper permission, leading to a tragic accident.

In response, advocate Shailesh Pathak for ESIC Director General submitted minutes of the 235th special meeting of its Standing Committee held on January 23, 2025 and stated that the National Building Construction Company (NBCC) has undertaken the work of construction of the hospital and has agreed to hand over the renovated building of the hospital on or before August 15, 2025. Pathak added that ESIC shall make ” all endeavours in right earnest” to commence the functioning of the said hospital on or before January 31, 2026.

The bench of Chief Justice Alok Aradhe and Justice Makarand Karnik noted the timeline and disposed of the PIL, instructing ESIC to complete construction and to make the hospital operational within the timeline as promised. 

Also read- Increase polling stations in future Maharashtra Medical Council Elections: HC

Powered by WPeMatico