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PubMed · 12289462

Judgment, 11 October 1988.

France. Cour de Cassation
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Abstract

The Supreme Court of France reversed a lower court ruling dismissing the suit of a woman who sought damages resulting from an unauthorized tubal ligation. The ligation had been performed without her consent following a Cesarean Section. The physician contended that, if he had sought her consent prior to the operation, it would have been unreasonable for her to refuse given the risk of a ruptured uterus if she became pregnant again. The Court held that a physician may not operate on a patient without that patient's free and informed consent except in cases of evident necessity or immediate danger. It concluded that neither of these existed here.

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Cesarean SectionCoercionDeveloped CountriesEuropeFamily Planning PolicyFamily Planning ServicesFranceGeneral SurgeryInformed ConsentJurisprudenceObstetric Surgical ProceduresPublic PolicySterilization, ReproductiveSterilization, TubalTherapeuticsCourt DecisionFamily PlanningFemale SterilizationInformed Consent--legal aspectsInvoluntary Fertility Control--legal aspectsMedical LiabilityMediterranean CountriesObstetrical SurgeryPolicyPopulation PolicyPostcesarean SectionSocial PolicySterilization, SexualSurgeryTreatmentTubal LigationTubal OcclusionWestern EuropeLegal Case

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France. Cour de Cassation. 1988. Judgment, 11 October 1988.. https://pubmed.ncbi.nlm.nih.gov/12289462/

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