Re: Sterilization

From: DoctorJoe@aol.com
Mon Feb 28 19:11:24 2005


In a message dated 2/28/05 7:09:14 PM, ainsron@sbcglobal.net writes:

> She
> did a emergency cesarean section a year ago on a patient who had
> previously signed papers for sterilization.  The papers weren't
> available in the hospital at the time of the surgery and she told the
> patient that could not do the tubal at that time.  The patient appeared
> to understand, saw her postpartum and received two depo-provera
> injections for birth control.  The patient saw another MD who did the
> tubal recently. 
>

If there were no papers available, then the physician had no proper consent. If she had proceeded with the tubal with no conset, it would have constituted battery. If the consent papers were needed for Medicaid reasons or etc., and she didn't have them, she could have been breaking federal law.

Either way, in an emergency, many bets are off. I think the lawyer is being reasonable to ask (i.e. he's advocating for the patient - they have to take a shot in the dark). But if he pushes too hard, I think he's being unreasonable.

Joe P.





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