Re: Sterilization

From: ainsron (ainsron@sbcglobal.net)
Tue Mar 1 08:11:45 2005


Where is the injury? The only way I can see the standard of care not being met in this type of situation would be if the surgeon misled the patient into thinking he would do the tubal prior to the cesarean section and then decided not to perform it without informing the patient in advance. There are plenty of options available to this patient to avoid future pregnancies that would cost less, including vasectomy, continuation of Depo Provera and IUDs.

Ronald E. Ainsworth

-----Original Message----- From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of Andrew Folley Sent: Tuesday, March 01, 2005 6:05 AM To: Multiple recipients of list OB-GYN-L Subject: Re: Sterilization

I would have been inclined to tie her tubes originally at the time of Csection with pts consent. As it turns out the patient has incurred an "injury" in that she has to have a xecond operation and $4000 cost. the question is whether or not there was a breach in the standard of care.Whose responsibility was it to have the papers at the hospital at the time of the

original c-section? it is sticky but I would not be surprised if they rule for the defendant. Andrew

>From: ainsron@sbcglobal.net (Dr. Ainsworth)
>Reply-To: ob-gyn-l@obgyn.net
>To: Multiple recipients of list OB-GYN-L <ob-gyn-l@dns.obgyn.net>
>Subject: Sterilization
>Date: Mon, 28 Feb 2005 19:08:42 -0600
>
>I colleague of mine asked me a question that I wanted to pass on. 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. My colleague recently received a letter from the
>patient's attorney demanding that she pay ~$4000 for the sterilization
>procedure because of the extra cost and inconvenience it had been to
>this patient. I told her to tell the attorney to stick it in his ear
>(actually it was another three letter orifice on the end of the
>alimentary tract) and do not see any liability she has in these
>circumstances. What do you think and what would you do??
>





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