Medical and legal implications of cesarean sections in light of jurisprudence
Soutoul, J.H.; Pierre, F.; Panel, N.
Journal de Gynecologie Obstetrique et Biologie de la Reproduction 20(5): 737-744
1991
ISSN/ISBN: 0368-2315 PMID: 1955672 Document Number: 381952
130 case notes in the records of a large professional insurance society have been looked at to assess and to analyse the medico-legal repercussions of delivery by caesarean operations. These were randomly selected case histories. In 92% of the cases in a consecutive series of complaints, the most frequent were carrying out caesarean operations or hysterotomy too late. This led to legal action that caused the medical experts reason to analyse seriously retrospectively the indications for the method of delivery that was chosen by the doctors at the time. In only 1 out of 10 cases was the complaint made that the caesarean section had been unnecessarily carried out. This only occurred when there were maternal sequelae or more rarely the new borns suffered. In this second category there was no successful action although there may still be some civil actions if late complications develop. There was one single but worrying case that went to the Conseil d'Etat blaming particularly the caesarean operation and over emphasised because the lady who gave birth tried to win her case. There were two other cases of a less serious nature which were judged concerning a hysterotomy that had complications and another that was delayed too long. The authors point out the ways that legal actions could either be reduced in number or that the consequences of the actions could be made less serious both from the criminal and civil aspect when caesarean sections were either carried out or not carried out by obstetricians.