Abstract
In Italy, although voluntary sterilisation was decriminalised with act No. 194/78, which abrogated section 552 of the criminal code, there is no regulation as yet ratified by law. The authors refer to the trend shown by some sentences, the most important of which is No. 438 of 18.03.1987 (Court of Cassation), highlighting some aspects of physical and psychic health and “informed” consent. The surgical technique of male sterilisation and possible complications are dealt with, as well as the unresolved medico-legal aspects concerning the irreversibility of the operation or vice versa, failure of reversal. The possible judicial implications of claims for compensation for damages caused by malpractice, negligence or imprudence are also discussed. In conclusion, it is hoped that a law regulating this matter will soon be passed, while in the meantime a protocol to avoid legal liability is suggested.
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