Re: Sterilization
From: Robert J. Carpenter, Jr. MD (zygote@icsi.net)
Sun Mar 6 16:55:12 2005
Anyone under any set of facts can claim duress, "undue influence" etc. The 30 day
period was/is an attempt to get away from this issue. From my own practice, if
someone surprizes me on the day of delivery with request for sterilization never
before raised/discussed, I do not do it, but arrange for appropriate PP procedureby
their GYN person.
Each of us have to establish our own range of comfort zones to any issue. If I do not
believe a request is well founded I have in the past and may in the future decline to
carry out that request (what ever it may be). that is the difference from the computer
which does repetitive tasks and the human who in doing repetetive tasks should still
be thinking!
Replys!
On 6 Mar 2005 at 17:19, art fougner, md wrote:
> and if the patient later claims sterilization under duress? was it not
> this claim that created the 30 day period in the first place?
>
> art
>
> At Sun, 06 Mar 2005, Robert J. Carpenter, Jr. MD wrote:
> >
> >If the medicaid sterilization form has not been timely and
> >appropriated prepared. The non-performance of a sterilization
> >procedure may be important to consider for several reasona:
> >
> >(1) If patient is medicaid, it is a requirement for proper procedure
> >for payment mot only of the OB, but of the hospital, and even the
> >anesthesia person.
> >
> >(2) If permit not signed before labor, could be construed as being
> >obtained in coersive manner and thus the proper informed consent
> >process is not carried out, then a charge of assault and battery
> >could be raised (whether successful or not).
> >
> >(3) Unless you have spoken and truly determined that the procedure is
> >desired and is not being coerced by anyone, then you may later regret
> >having done the procedure as the patient may regret the procedure.
> >
> >(4) Om the other hand, if you want to do the procedure after all
> >imformed consent process has been completed properly and want to do
> >the procedure, and you do not care about reimbursement for anyone, it
> >is perfectly within your right to do the procedure, even if she has
> >failed to comply with necessary gov't regulations.
> >
> >Autonomy and beneficience can then remain within the purview of the
> >OB.
> >
> >Dan what are your views?
> >
> >On 5 Mar 2005 at 19:56, R. Daniel Braun wrote:
> >
> >> 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
> >>
> >--
> >Robert J. Carpenter, Jr. MD
> >6624 Fannin, #2720
> >St. Luke's Medical Tower
> >Houston,TX 77030-2339
> >713-795-4600
> >
>
> --
> art fougner, md
>
> "If you don't know where you are going, you will wind up somewhere
> else."
> Lawrence Peter Berra
>
--
Robert J. Carpenter, Jr. MD
6624 Fannin, #2720
St. Luke's Medical Tower
Houston,TX 77030-2339
713-795-4600
