Re: Cesarean on Demand

From: DoctorJoe@aol.com
Thu Dec 29 16:22:41 2005


In a message dated 12/29/05 4:40:53 PM, apgar10@montanadsl.net writes:

>  
> So, if a Medicaid patient requests a "cesarean on demand" and I respond by
> saying that I can't/won't because I will not get paid, how does this sit
> legally???
>

Well, it may vary from state to state, but . . .

1) If there's not a medical indication for the C/S, then you're not medically negligent (i.e. no malpractice).

2) If there's no contract to do the C/S in the first place (not that anyone ever really makes formal contracts in medical care, at least not in OB), then there's no breach of contract.

3) If you refuse to perform something that's not indicated, but that's merely something the patient wants for some reason, and you "fire" the patient with proper notice, etc., then it's not abandonment.

So what else?

You COULD just stand your ground and KEEP the patient. But that would put you in a very awkward and uncomfortable position. She's almost be a law suit looking for a reason. Unless, of course, her family talked some sense into her.

On the other hand, what about a patient who has a real good reason for the C/S on demand (e.g. pelvic floor arguments, etc.)? Why not do it? But make them pay some sort of advance partial payment if you suspect the insurance won't pay. That'll slow them down. Even better, tell THEM to call the insurer and argue the case.

Joe P.





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