That sterilization remain illegal but assured (letter)

In France the most important Medical Liability Insurance Group issues reservations on its possible obligation of civil responsibility by subscribers involved with practicing tubal ligation gynecologists or anesthesiologists if it is proven that the tubal ligation was not motivated by a therapeutic reason. This intervention constitutes an illegal act by law and falls under the thrust of article 309 of the penal code sanctioning voluntary beatings and violent acts. In case of a lawsuit following a plantiffs claim for responsibility at the time of a tubal ligation complication or anesthesia complication the insurance company recognizes its right to not cover the illegal act. Two judgments of the highest jurisdictions justify the companys behavior. In an October 1988 judgment the first Civil Chamber of the Supreme Court overturned a January 1986 decision of the Appeals Court of Paris rejecting the right of a physician to practice an intervention for which there is no obvious need or does not pose any immediate danger without the consent of the patient. The future risk of an eventual new pregnancy is not considered sufficient justification. In a January 1988 judgment the Council of State considered reversible tubal sterilization without a therapeutic need and without the consent of a cesarean patient aged 26 with 5 children to be abusive and injurious. These judgments are sufficient to motivate specialists to be prudent in indications for sterilization and also to alert medical liability companies of worrisome litigation by financial charges. Rules of good conduct have been developed to guide physicians performing sterilizations which allows coverage of these physicians. (Tables in this article list these rules.)