Soutoul J H, Pierre F, Panel N
Clinique Gynécologique Universitaire et Maternité du Beffroi, Tours.
J Gynecol Obstet Biol Reprod (Paris). 1991;20(5):737-44.
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.
查阅了一家大型专业保险协会记录中的130份病例档案，以评估和分析剖宫产分娩的法医学影响。这些是随机选取的病例记录。在一系列连续投诉的病例中，92%的情况是剖宫产或子宫切开术实施得太晚。这引发了法律诉讼，促使医学专家认真回顾性分析当时医生所选择的分娩方式的指征。每10个病例中只有1例投诉剖宫产是不必要进行的。这种情况仅在出现母体后遗症时发生，新生儿受影响的情况则更为罕见。在第二类情况中，尽管如果出现晚期并发症可能仍会有一些民事诉讼，但没有成功的诉讼案例。有一个单独但令人担忧的案例提交到了行政法院，特别指责剖宫产手术，并因其分娩的女士试图胜诉而被过度强调。另外还有两起性质不太严重的案例，一起涉及子宫切开术出现并发症，另一起涉及手术延迟过长。作者指出，当产科医生实施或未实施剖宫产时，从刑事和民事方面减少法律诉讼数量或减轻诉讼后果的方法。
