Fwd: vbac on demand

From: R. Daniel Braun (rd.braun@gmail.com)
Sun May 25 19:27:49 2008


It goes that way until she meets a lawyer.

Dan

---------- Forwarded message ---------- From: Raymond Stephen <Stephen.Raymond@dhhs.tas.gov.au> Date: Sun, May 25, 2008 at 3:11 AM Subject: Re: vbac on demand To: Multiple recipients of list OB-GYN-L <ob-gyn-l@mail.obgyn.net>

All of the concern about losing one's career and livelihood really applies in a different way when you are faced with a patient who doesn't want to accept your blanket policies. Is she more likely to sue you and win, if you do what she wants and she has a bad outcome, or is it more likely, if you don't do what she wants and has a different bad (to her) outcome. I would have thought that, given that most litigation arises out of a situation where a patient's expectations haven't been met, it is likely that the bad outcome that you predicted will not lead to litigation, if you do what she wants.

Steve

------------------------------ *From:* ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] *On Behalf Of * ------------------------------ DoctorJoe@aol.com

--
 ------------------------------
*Sent:* Saturday, 24 May 2008 1:43 AM
*To:* Multiple recipients of list OB-GYN-L
*Subject:* Re: vbac on demand

In a message dated 5/23/08 9:54:06 AM, ajfields@pine-net.com writes:

Would that be that the physician's right to do whatever he wants trumps the patient's right to informed consent? Or that the physician's legal and financial risk are more important than the patient's physical risk? Because I really can't see how the relative risks aren't important to this woman's decision about her body.

There are two "rights" here (if you ignore the baby's right):

1) The woman's right to take whatever risks with her body (after being informed what the risks are).

2) The physician's right to practice what he feels is good medicine (i.e. not be forced against his better judgment into a course of action that he feels is unacceptable, given the standards, the circumstances, etc.).

How you balance those two "rights" is the question.

We all talk of #1 a lot, as we should. But #1 does NOT automatically overrule #2, by any means.

And sometimes, although I may be getting ahead of the argument here, there is no easy solution to the problem and it ends up being decided on policy grounds (e.g. you can't have patients willy-nilly showing up at hospitals and demanding unacceptable procedures or treatments when the doctors don't think they're warranted -- it would make the "system" unworkable).

Joe P.

(http://food.aol.com/tyler-florence?video=4&?NCID=aolfod00030000000002)

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--
R. Daniel Braun, MD FACOG(L) ABMP CMTh
Professor Emeritus
Dept. of Obstetrics and Gynecology
Indiana U. School of Medicine

R. Daniel Braun

"Science without Religion is LAME; Religion without Science is BLIND" Einstein 1941





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