Re: Woman Claims Doctor Branded Her Uterus

From: Braun, R. Daniel (rbraun@iupui.edu)
Fri Feb 7 08:04:00 2003


As Joe P. has repeatedly pointed out, this is not Malpractice. It is "Battery". And he did it unless he can prove it is part of the procedure to brand it with the initials of the surgeons "School".

Dan

-----Original Message----- From: D. Ashley Hill, MD [mailto:dahmd@cfl.rr.com] Sent: Thursday, February 06, 2003 7:44 PM To: Multiple recipients of list OB-GYN-L Subject: Re: Woman Claims Doctor Branded Her Uterus

Ms. Bradford's post was reasonable and appropriately mature. I agree with her. If the physician usually scores the uterus as part of the Doderlein-Kroener vaginal hysterectomy, then he is guilty of poor judgement regarding his choice of a mark. Poor judgement is not necessarily malpractice, and whether or not his patient deserves compensation for emotional distress is up to the courts. Many physicians score the uterus as part of this procedure, including many on this list.

Ashley

At Thu, 06 Feb 2003, Dr Eberhard W. Lisse wrote: >
>Alexia,
>
>with all due respect, "Grow Up!"
>
>What people will do for money...
>
>BZW, Unless he can come with a stack of tapes showing that he does
>this EVERY time, he deserves to be struck of the register, for good,
>and should part with every penny his insurance has, because then this
>is not only the grossest disgraceful conduct I have ever heard of, he
>is also lying in his defence. And that, as far as I know, is only
>allowed by German law :-)-O
>
>To be very clear, if he had sent us a tape like this after a
>hysterectomy on my wife, I can tell you we would have sued as well and
>for gazillions, and my laywer (former Attorney General) would have
>sent a bailiff round for the keys of his Porsche and the Country Club
>membership card (I am serious).
>
>I am not a laywer, but our consent form specifies "any additional
>procedure that may be deemed necessary during the operation" and for
>the life of me I can not figure out, why on earth someone would find
>it necessary to mark a uterus, let alone with initials. Nevermind the
>gall to send a tape of this to the patient.
>
>Again, under the caveat, that he can't prove that he does this EVERY
>time.
>
>greetings, el
>
>--
>Dr. Eberhard W. Lisse \ * / Obstetrician & Gynaecologist (Saar)
><el@lisse.NA> el108 / | Oshakati State Hospital
>Private Bag X5501 \ / Telephone: +264 81 124 6733 (cell)
>Oshakati, Namibia ;____/ Managing Member, NA-NiC (cc)
>Please send DNS/NA-NiC related e-mail to dns-admin@na-nic.com.na only
>
>In message <200302061754.h16Hs4428258@mail.medispecialty.com>, Alexia,
Med Stud >ent writes:
>
>> About whether or not I would go to court if this happened to me: No,
>> probably not. I would be angry and I would feel a that my body
>> wasn't being respected, but I would not sue. I think you guys are
>> right-- People look to make a quick dollar by claiming emotional
>> damage. Although I think this dr. was a bit immature and made a
>> bad decision, I don't think he deserves to pay for it by spending
>> the next three years of his life giving depositions. An apology and
>> a simple and sincere "I have learned from my mistake and it will NOT
>> happen again" would be suffient for me.
>
>> -Alexia Bradford 2nd year med student, Cornell
>

--
D. Ashley Hill, MD
Associate Director
Department of Obstetrics and Gynecology
Florida Hospital Family Practice Residency
Orlando, Florida




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