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Dr got boyfriends permission??

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want2no

Junior Member
What is the name of your state (only U.S. law)? Arizona I went in for essure tubal ligation. Halfway during the surgery the dr determined he would not be able to insert coil into one of my tubes. He then went and asked my boyfriend ( 3 times during intake I corrected nurses and dr when they called him my husband and informed them he was my boyfriend not husband) for permission to change surgery to laparoscopic surgery where they cut and burned my tubes. How could they legally ask my boyfriend for permission and change the surgery? I had told the dr during consult that I wanted essure and did not want laparoscopic surgery as I did not recover well from a previous laparoscopic surgery for gall bladder removal and I have 6 kids including a 4 month old that I needed to be able to attend to with minimal recovery time. Did the dr have legal right to change surgery based on the permission he asked for from my boyfriend?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Arizona I went in for essure tubal ligation. Halfway during the surgery the dr determined he would not be able to insert coil into one of my tubes. He then went and asked my boyfriend ( 3 times during intake I corrected nurses and dr when they called him my husband and informed them he was my boyfriend not husband) for permission to change surgery to laparoscopic surgery where they cut and burned my tubes. How could they legally ask my boyfriend for permission and change the surgery? I had told the dr during consult that I wanted essure and did not want laparoscopic surgery as I did not recover well from a previous laparoscopic surgery for gall bladder removal and I have 6 kids including a 4 month old that I needed to be able to attend to with minimal recovery time. Did the dr have legal right to change surgery based on the permission he asked for from my boyfriend?


Why did your boyfriend give permission?
 

want2no

Junior Member
Doesn't matter why. He was unsure and didn't feel it was his place but confused as to how he should answer as he didn't know what I would want. In a moment of pressure he gave permission. Legally though it shouldn't make a difference. I'm asking about drs and hospitals responsibility.
 

Proserpina

Senior Member
Doesn't matter why. He was unsure and didn't feel it was his place but confused as to how he should answer as he didn't know what I would want. In a moment of pressure he gave permission. Legally though it shouldn't make a difference. I'm asking about drs and hospitals responsibility.

Perhaps you should re-read the informed consent that you signed.
 

OHRoadwarrior

Senior Member
Honestly, with 6 kids it appears the doctor made the best choice for your situation. The consent form should have a provision allowing him to do so.
 

want2no

Junior Member
I just read the form and no where does it state that the dr can just change the procedure of an elective surgery. It does state that I give permission in case of medical necessity but this was an elective surgery with no health complications requiring a change. There was no risk to me that required it.
 

want2no

Junior Member
Oh please me having 6 or 29 kids doesn't mean the dr has authority to change procedure. Your statement was ignorant.
 

Proserpina

Senior Member
I just read the form and no where does it state that the dr can just change the procedure of an elective surgery. It does state that I give permission in case of medical necessity but this was an elective surgery with no health complications requiring a change. There was no risk to me that required it.

There obviously was a complication. Doctors don't routinely change their minds mid-procedure.

If you want to argue, go right ahead. Otherwise take your medical records to a med-mal attorney who will review them and be able to advise you further.
 

want2no

Junior Member
Ignorance isn't advice and the "complication" was the dr couldn't find (yes his words) my other tube. It wasn't a complication that required a change due to possible harm to my health.
 

want2no

Junior Member
I will contact attorney. Apparently you are not smart enough to understand a complication that does not require immediate medical intervention is not a qualifying complication for the doctor to just decide on his own to change procedure. I already stated that the form only covered the dr in case of risk to patient if procedure was not done. Enjoy your night.
 
Last edited by a moderator:

OHRoadwarrior

Senior Member
Oh please me having 6 or 29 kids doesn't mean the dr has authority to change procedure. Your statement was ignorant.
Not ignorant at all. Factually accurate. Many doctors refuse outright to perform birth control procedures on woman having no kids or possibly even 1 or 2, as they may change their mind in the future.
 

ecmst12

Senior Member
It does seem like the doctor may not have stayed exactly within his legally allowed judgement when he changed the procedure. The question is, what are your damages? You went in for a sterilization procedure and you received one. He COULD have stopped the surgery and left your tubes intact and you would have gone under anesthesia and incurred the expenses for nothing. And if you still wanted to be sterilized, you would have had to go under anesthesia AGAIN and go through the same surgery that you had. And, you could have ended up pregnant again during the time in between, which I'm guessing is not what you want.
 

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