Oklahoma § 63-103 - Post mortem caesarian section - Right to perform Nonliability of physician and hospital

§ 63-103. Post mortem caesarian section - Right to perform Nonliability of physician and hospital

It shall be lawful for a physician, legally qualified to

practice in the State of Oklahoma, to perform a post mortem

caesarian section upon any female who is the victim of accidental

death, who at the time of said death, is in the advanced stages of

pregnancy and where said physician has reason to believe, following

immediate and due examination, that said child is viable in the

mother. In the performance of a caesarian section, under such

circumstances, the physician and the institution or hospital where

such operation is performed, shall not be liable, either civilly or

criminally, though performed without the consent by those in whom

the law has recognized a legal right of the possession of the body

of the deceased, provided the operation be performed in good faith

and with due skill and without unnecessary injury or mutilation.

Provided, however, said operation shall not be performed over the

protest of those in whom the law has recognized a legal right to the

possession of the body of the said deceased.

Added by Laws 1943, p. 134, § 1.