Re: Sterilization

From: ainsron (ainsron@sbcglobal.net)
Tue Mar 1 08:03:48 2005


I agree partially with what Dan is saying. In California, everyone billing for a procedure that needs a sterilization consent will have their claim denied if they don't have a copy, that includes anesthesia, assistants and the hospital. However, there are times in emergency situations where I would advise the patient against having a tubal ligation that had been previously discussed or refuse to perform it if I were concerned she would have regrets later if the baby were compromised. A tubal consent is only a consent, not a contract; I tell the patient that at the time she signs it, letting her know that she can back out of it at any point if she changes her mind. Conversely, the physician should also be able to back out of it at any time if he changes his mind for whatever reason. The patient was told that up front at the time of her cesarean section and didn't object then. If she had strongly objected at the time, I probably would have done the procedure if I knew I had a copy of the consent in the office and could retrieve it later and put it in the record. If the tubal was objectionable because of the cost, the couple should have considered vasectomy, as we counsel every other couple, it is cheaper, equally effective and less risky. Personally, I avoid the problem with missing sterilization consents by personally faxing them to the OR after I review and sign them in the office.

Ronald E. Ainsworth

-----Original Message----- From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of R. Daniel Braun Sent: Tuesday, March 01, 2005 3:37 AM To: Multiple recipients of list OB-GYN-L Subject: Re: Sterilization

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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