Re: Sterilization

From: R. Daniel Braun (rd.braun@gmail.com)
Tue Mar 1 04:35:14 2005


If it was a lack of Medicaid papers and the patient had in the hospital signed a surgical consent, then the only reason for not doing the procedure was fear of not being paid. That is after all the only reason for the Medicaid papers (If you ain't got em, you don't get paid). If the Medicaid papers had been signed and were not available at the hospital because the Doctors office staff failed in thieir duty to get them there, then there might be a valid indication for a suit.

Not having the signed Medicaid papers is not a violation of federal law. Not having them AND getting paid by the Federal Government is a violation of Federal law. Although they are labelled consent forms, their only real purpose is for getting paid. Dan

On Mon, 28 Feb 2005 20:13:03 -0600, DoctorJoe@aol.com <DoctorJoe@aol.com> wrote: >
> 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.
>

--
R. Daniel Braun
       Kinky for Governor




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