My husband and I got married in 2012. In 2015, when she gave birth by cesarean section, her husband voluntarily signed the medical record and asked the doctor to sterilize her (ligation of the fallopian tubes). During the whole process, I was still awake but there was no doctor's announcement or her husband's discussion. Now that I know I have a sterilization, now I want to file a lawsuit against my husband because I voluntarily decide to affect my body as well as my health. I have met and talked to a lawyer as well as the court in my province, but since they have never met a case like this before, so I do not know what benefits I have. Currently, my husband and I have been separated for nearly 4 years.

ANSWER:

According to Clause 1 of Article 20 of the Constitution, everyone has the inalienable right to their private life, personal secrets and family secrets; have the right to protect their honor and reputation.

According to Clauses 1 and 3, Article 33 of the 2015 Civil Code:

1. Individuals have the right to life, the right to life and body inviolable, and the right to health protection by law. No one will be deprived of his life against the law.
2. Anesthesia, surgery, removal, transplantation of human tissues and organs; implementing new techniques and methods of medical examination and treatment on the human body; medical, pharmaceutical, scientific or any other forms of testing on the human body must be subject to the consent of the person and must be carried out by the competent body.

According to Article 61 of the Law on Examination and Treatment:

1. All cases of surgery or surgical intervention must be approved by the patient or the patient's representative
2. If it is impossible to consult the patient or the patient's representative and if surgery or surgical intervention is not performed, it will directly threaten the patient's life, the head of the medical examination and treatment facility. The disease decides to have surgery or surgical intervention.

According to Point c, Clause 1, Article 134 of the 2017 Penal Code, a person who intentionally inflicts injury on or causes harm to the health of another person with an injury rate of between 11% and 30% or less than 11% but In one of the cases specified in this Clause, the offenders shall be subject to non-custodial reform for up to 03 years or a prison term of between 06 months and 03 years: For people under 16 years old, women who know to be pregnant, the elderly weak, sick or defenseless.

According to Point a, Clause 1 and Clause 2, Article 590 of the Civil Code 2015, compensation for damage caused by infringement of health is prescribed as follows:

1. Damage caused by compromised health includes: Reasonable costs for healing, retraining, restoring health and lost or reduced functions of the victim ...
2. Regarding the amount of compensation to compensate for mental loss as agreed by the parties; if no agreement is reached, the maximum level for a person whose health is breached must not exceed fifty times the base salary set by the State.

According to Article 588 of the 2015 Civil Code, the statute of limitations for initiating lawsuits to claim damages is 03 years from the date the person with the right to request knows or must know that his legitimate rights and interests are infringed.

Concerning your question, at the time of the cesarean delivery, you are fully awake, have full capacity for civil acts, so according to Article 136 of the 2015 Civil Code, your husband is not considered a representative but only a relative. Tubal ligation is a surgical (surgical) intervention, so your doctor must get your written consent before doing it. It is illegal for your husband and the doctor to decide as above.

The information you provide is also not clear what year you have had the sterilization surgery. If you know this from around 2019, 2020, it is still within 3 years, you can initiate a lawsuit asking the doctor performing the surgery and your husband jointly compensate for the damage caused by your health is compromised. , as well as a claim for mental loss. Regarding the amount of compensation for mental loss, if not agreed, the maximum level must not exceed fifty times the base salary. In case the 03 year period has expired, the parties should agree to settle the compensation reasonably.

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