Re: Sterilization
From: R. Daniel Braun (rd.braun@gmail.com)
Sat Mar 5 18:55:44 2005
Even if the only reason was that the Dr. did not have the medicaid
form in hand and was afraid that he/she wouldn't get paid????
Dan
On Sat, 5 Mar 2005 10:44:02 -0600, Robert J. Carpenter, Jr. MD
<zygote@icsi.net> wrote:
> Remember unless it is a c-section so that belly is open, you as a physician have a
> right to NOT do an elective procedure. You can not be forced to do a procedure
> (you'r a catholic and don't sterilize) etc, etc, etc.
>
> That case would be considered frivolous in most courts and in Texas, may well allow
> sanctionable penalties under Rule 13 of the Texas Rules of Civil Procedure.
>
> Bob
>
> On 2 Mar 2005 at 13:47, Richard Chudacoff, MD wrote:
>
> > It is a court of law, young man, not a court of justice.-Oliver
> > Wendell Holmes
> >
> > You may not feel liable, Geoff, but that doesn't mean the court
> > doesn't feel you're liable. However if I was the judge I'd be in your
> > side.
> >
> > Richard Chudacoff, MD
> >
> > -----Original Message-----
> > From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of
> > Geffrey Klein Sent: Wednesday, March 02, 2005 1:38 PM To: Multiple
> > recipients of list OB-GYN-L Subject: Re: Sterilization
> >
> > --- "R. Daniel Braun" <rd.braun@gmail.com> wrote:
> >
> > > 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.
> >
> > You are kidding, right? As the covering doctor my
> > obligation is to cover emergencies. The addition of
> > an elective procedure to an emergency cesarean is a
> > judgement call. I do not have an obligation to
> > medically perform it and I would not consider myself
> > liable for the cost if she obtained the service
> > elsewhere..
> >
> > Geff
> >
> > =====
> > Geffrey H. Klein, MD
> > 450 Blossom Suite C
> > Webster, Tx 77598
> > 8325535430
> > gyndok@yahoo.com
> >
>
> Robert J. Carpenter, Jr. MD
> 6624 Fannin, #2720
> St. Luke's Medical Tower
> Houston,TX 77030-2339
> 713-795-4600
>
--
R. Daniel Braun
Kinky for Governor
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