Civil and Criminal Liability; Compliance Where Other Medical Treatment May Result in Sterilization

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When an operation shall have been performed in compliance with this chapter, no physician duly licensed without restriction to practice medicine and surgery in this state or other person legally participating in the execution of this chapter shall be liable civilly or criminally as a result of such operation or participation therein, except in the case of negligence in the performance of such operation. Nothing in this chapter shall be construed so as to require compliance therewith where medical or surgical treatment for sound therapeutic purposes, by a physician duly licensed without restriction to practice medicine and surgery in this state, is required of any person in this state and where such treatment, at the same time that it serves such purposes, may involve the nullification or destruction of reproductive functions.

(Ga. L. 1966, p. 453, § 5; Ga. L. 1970, p. 683, § 6.)

RESEARCH REFERENCES

C.J.S.

- 70 C.J.S., Physicians, Surgeons, and Other Health Care Providers, § 181.

ALR.

- Physicians and surgeons: res ipsa loquitur, or presumption or inference of negligence, in malpractice cases, 82 A.L.R.2d 1262.

Malpractice in appendicitis treatment and surgery, 94 A.L.R.2d 1006.

Physician's or surgeon's malpractice in connection with diagnosis or treatment of rectal or anal disease, 5 A.L.R.3d 916.

Legality of voluntary nontherapeutic sterilization, 35 A.L.R.3d 1444.


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