Re: Sterilization
From: R. Daniel Braun (rd.braun@gmail.com)
Sun Mar 6 20:16:11 2005
I concur but what if the forms were signed and in the 1st physicians
office and the 2hd physician refused to do it because they were not at
the hospital(My understanding of this case). Then would not the 1st
physician be liable for not having had the forms in the hospital?:?
On Sun, 6 Mar 2005 14:49:39 -0600, Robert J. Carpenter, Jr. MD
<zygote@icsi.net> 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
>
--
R. Daniel Braun
Kinky for Governor
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