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Judgment, 11 October 1988.

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.

Cesarean Section↗

Judgment, 29 January 1988.

The issue before the State Council of France was whether the damages judgment of 20,000 francs set by the lower court for the sterilization (tubal ligation) of the applicant without her consent should be raised. The State Council first noted that the seriousness of the distress suffered by the applicant was mitigated by the possibility of undergoing an operation that would reverse her sterility and by the fact that she had five children. It also noted that the significance of her distress was increased given her young age at the time of the intervention and the mental distress and the family difficulties that she experienced. It increased the damages to 50,000 francs.

Behavior↗

Vasectomania.

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Crime↗