[Pregnancy and unexpected children following failed sterilization and voluntary pregnancy interruption. 2: Bases of civil responsibility in cases of failed induced abortion or sterilization and the prevention of medicolegal risks].
Bases for responsibility of the civil courts in cases where legal abortion or sterilisation has failed and which, as described in the previous article, have given rise to a disturbing amount of French and foreign jurisprudence have been analysed in order to demonstrate three elements: failure or carelessness in performing the procedure; the detriment that has really been suffered and the link between the causes of the first two elements. Practical advice is given which has been based on detailed analysis of the cases found both in the French and foreign jurisprudence to protect gynaecologists or surgeons from this new unexpected medico-legal risk. The decisions of the courts both for termination of pregnancy and for sterilisation have been reviewed in relationship to pregnancy or to the birth of a child resulting from the statistically acceptable chances of failure that must happen in procedures that are carried out thousands of times a year in France.
D000028:Abortion, Induced; D005260:Female; D005602:France; D013502:General Surgery; D006176:Gynecology; D006801:Humans; D007231:Infant, Newborn; D007258:Informed Consent / Q000331:legislation & jurisprudence; D007603:Jurisprudence; D011247:Pregnancy; D012941:Social Responsibility; D013245:Sterilization, Reproductive
Grossesses et enfants préjudices après échecs de stérilisations et d'interruptions volontaires de grossesses. Deuxième partie: Les bases de la responsabilité civile en cas d'échecs d'I.V.G. ou de stérilisations et la prévention des risques médico-légaux.