Court's ultrasound ruling worries Canadian MDs
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* Barbara Sibbald

Canadian physicians are worried about the implications of a ruling by France's highest court, which found a doctor liable for denying a woman her right to end a pregnancy because he failed to detect possible fetal deformities during an ultrasonograph.

The court ruled that a boy born with Down's syndrome was entitled to damages because a gynecologist had not discovered the abnormality. The mother, who received Can$170 000, said she would have had an abortion had she known the boy would be born disabled. “It's worrisome,” says Dr. Ian Hammond, president of the Canadian Association of Radiologists. “Perfection is something everyone strives for, but it's not obtainable [with ultrasonographs]. Even the latest scanner can only detect 60% to 70% of malformations and disabilities.” Hammond says the issue is one of public education. “I don't think people are being told that the tests aren't perfect.”

Because of the ruling, the Syndicat National des Gynecologues et Obstetriciens de France advised members to stop performing routine ultrasonographs on pregnant women, and many stopped in early January. The French Parliament has since voted to overturn the ruling that established the “right not to be born.” The bill must now be approved by the French Senate.