[Exploratory study for increasing acceptability of male sterilization--inductive analysis using female sterilization cases].
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Analysis of family planning and contraceptive use in the Netherlands for 1988 reveals that "a large share of the [female] population practices reliable methods of birth control. At young ages many girls already take the pill. As the rates of sexual intercourse by age do not differ very much from elsewhere in the western world...the Netherlands can also be characterized as a country with a very low incidence of teenage pregnancy and abortion. From the differential analysis it can be concluded that nonuse of birth control methods coincides with the absence of a male partner. Women with a partner, depending on the completeness of their family, use very reliable methods (pill, IUD, condom or sterilization)." Statistical information on the use of various methods is also presented. (SUMMARY IN ENG)
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The defendant physician was charged with negligence and breach of contract in the performance of a tubal ligation on the plaintiff. After the plaintiff became pregnant and gave birth to twins, she and her husband sought damages for pecuniary losses resulting from the birth of twins, claiming that the defendant should have warned them of the risk of failure of the operation or mentioned the alternative of performance of a vasectomy on the husband. The Supreme Court of Victoria, Australia, held that the defendant had no duty to inform the plaintiffs of the risk of failure or the alternative of a vasectomy since his actions accorded with accepted practice within the profession. It also concluded that, even if he had warned the plaintiffs, they would not have withheld their consent to the operation.
The High Court of the UK awarded 40,000 pounds in damages to the plaintiff, who, after being sterilized, had given birth to a child. The award included damages for anguish and distress and the cost of raising the child.
After undergoing a sterilization at the defendant Health Authority, the plaintiff gave birth to a son. She sought damages from the defendant charging negligence in its failure to warn her that there was a small possibility that the sterilization would not be successful. Specifically, she argued that her signing of a consent form containing the acknowledgement that the sterilization could not be reversed amounted to a representation that she could have no more children and that this representation was made negligently since there was no qualification about lack of success. The High Court of the UK rejected this argument, holding that the consent form was not a representation that sterilization was certain, but merely consent to the operation with an acknowledgement that the intended effect was that she and her husband have no more children.
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