French Woman Wins Case
Quick fatal accident claim blog:
A woman in France complained that the termination of her child was a result of clinical negligence and had breached the European Human Rights Act. It was discovered that the she had been mistaken for another patient with the same name and was subjected to a clinical procedure. During this procedure, the doctor negligently pierced the amniotic sack, resulting in the woman’s termination.
The woman made a criminal complaint, however, the doctor was acquitted on the ground that, under French law, a foetus was not a living person but rather an extension of the Mother’s body.
There was no relevant case law to determine when life began under the Human Rights Act. Determination of the commencement of life came within margin of appreciation. Had the woman sought damages in the administrative courts, they could have provided an appropriate remedy that would have entitled her to claim justice for her unborn child.
Posted: December 3, 2013 at 9:00 am