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Re: GEN: Wrongful Life MetastasizesFrom: Griffiths Malcolm (Malcolm.Griffiths@ldh-tr.anglox.nhs.uk)Tue Jul 29 10:31:39 2003
The fact that this wasn't a failed tubal but was a failure to carry out bilateral tubal is interesting but in terms of setting a precedent for the nature and level of damages in failed tubals where failure arises through negligence is generic. Malcolm Griffiths Clinical Director & Consultant O&G -----Original Message----- From: DoctorJoe@aol.com [mailto:DoctorJoe@aol.com] Sent: 26 July 2003 19:12 To: Multiple recipients of list OB-GYN-L Subject: Re: GEN: Wrongful Life Metastasizes In a message dated 7/26/03 13:04:28, marilyn.ringstaff@obgyn.net writes:
>This was not a "Failed Tubal" This was a unilateral tubal. That is much I didn't say it was Dan. . . :-) I said "The lower court's ruling in the Melchior case contains an interesting worldwide legal history of failed TL cases." But, surely you're not saying it was ok for this doc to perform a "unilateral tubal" and not even looking at the other side, just based on the patient's statement from what she remembered when she was fifteen? I read thru the case (which Marilyn sent me a copy of in .pdf) and the argument was that the doctor did not inform the patient that he had NOT looked for the second tube. That is a different fact pattern from, for example, taking a tube out and having it recanalize later (which is covered in the informed consent under risks of failure) or taking the round ligament out by mistake and not informing the patient of the path report that says "normal round ligament." Joe P.
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