Inimõiguste giid

Kaasus

Csoma vs. Rumeenia

Euroopa Inimõiguste Kohus
15.01.2013

Facts

Because of illness of her foetus, it was decided that the applicant, Ms. Csoma, had to terminate her pregnancy in 16th week of it. To induce abortion a medicine was injected to her without explaining the risks it would entail. The abortion started in the night and went on till the morning. In the morning, because of immerse loss of blood, Ms. Csoma was transferred to regional hospital where in order to save her life, her uterus and ovaries were removed. Ms. Csoma wished to initiate criminal and civil proceedings against the doctor and hospital regarding unintentional bodily harm and negligence in the conduct of a profession, but of no avail.

Complaint

Ms. Csoma complained that she had not been properly informed of the risks of the procedure and that because of medical negligence her life had been endangered and she had become permanently unable to bear children. Thus, her right to private life had been violated.

Court's ruling

The Court reminded of the obligation of the states to introduce regulations compelling both public and private hospitals to adopt appropriate measures for the protection of their patients’ lives. These regulations must oblige doctors to consider the foreseeable consequences of a planned medical procedure on their patients’ physical integrity and to inform patients of these consequences beforehand, in such a way that the latter are able to give informed consent.

The Court found that by not involving the applicant in the choice of medical treatment and by not informing Ms. Csoma properly of the risks involved in the medical procedure, her right to private life protected under the Article 8 of the Convention had been violated.