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American Hospital law- Can I reuse to have my arms strapped Down?

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justalayman

Senior Member
I can see it now:

Polly is having brain surgery. Her head isn't restrained. Doc pokes her brain which triggers an autonomous jerk of Polly's head so while the probe is deeply embedded in Polly's brain, she makes a jerking motion which causes the probe to tear into her brain as the doctor cannot react fast enough to prevent it.


Polly now drools constantly and cannot say anything intelligible.

Poor Polly. If only the doctors in the UK were allowed to restrain patients as needed when performing surgery.
 


ecmst12

Senior Member
I didn't say it wasn't ever done. I said I haven't PERSONALLY heard of it being done in practice, meaning all the people I personally know who had a c-section, or talked about it with online, no one has mentioned being given a sedative, only ever a spinal/epidural or GA. I'm sure it is done sometimes, if needed.
 

justalayman

Senior Member
I didn't say it wasn't ever done. I said I haven't PERSONALLY heard of it being done in practice, meaning all the people I personally know who had a c-section, or talked about it with online, no one has mentioned being given a sedative, only ever a spinal/epidural or GA. I'm sure it is done sometimes, if needed.
my apologies. I seemed to have missed your post (#44) where basically you said what I have been saying: if needed...
 

Polly Page

Junior Member
Whatever they may or may not do in the UK, Polly, if the websites you are reading are telling you that all c-section patients in the US, without exception, will be strapped down, then those websites are exaggerating at best and lying outright at worst. I don 't care how many forums you've seen that say they will be - it's simply not true.
I am glad to hear that it's not true. What posters here have said is that not every hospital in America straps your arms down when you have a C Section.
And one poster here said that the hospital cannot do it without your consent as that would be battery.
Some of the members here are lawyers so they should know. So I think I can trust your advice more than some members on a mother and baby forum.
But it does not help that a lot of the searches that are coming up in Google and posts on sites like Hub Pages are saying that this is routine practice in America and Canada. When from talking to members here now it seems that it is not.
 

CSO286

Senior Member
I am glad to hear that it's not true. What posters here have said is that not every hospital in America straps your arms down when you have a C Section.
And one poster here said that the hospital cannot do it without your consent as that would be battery.
Some of the members here are lawyers so they should know. So I think I can trust your advice more than some members on a mother and baby forum.
But it does not help that a lot of the searches that are coming up in Google and posts on sites like Hub Pages are saying that this is routine practice in America and Canada. When from talking to members here now it seems that it is not.
You do understand that the consent form you sign indicates that the doctor has permission to do whatever additional procedures as are necessary to provide appropriate care. That means that if needed, (you have an adverse reaction to the spinal and suddenly start flailing) the doctor and anesthesiologist have permission to sedate you to whatever level is medically indicated and restrain you as needed for your safety and to permit the staff to provide care as needed.

I really think you are missing the boat on several of your points.
 

Polly Page

Junior Member
But a lot of the women on those American baby forums said that they were not told their arms would be strapped down before they signed the consent form.
The thing is in England they cannot do anything to you without your consent. And even after you have consented to the operation you can still refuse any procedure you don't want and you can withdraw your consent.
But maybe in America it's different.

What I don't understand is that in those web posts the women said they consented to the C Section but did not know their arms would be strapped down. One woman said in her blog post they strapped her arms down even though she begged them not to. Then she had a panic attack from being strapped down. But instead of undoing the straps they sedated her. That would never happen in England because they don't strap you down and they don't strap your arms down.
 

Proserpina

Senior Member
But a lot of the women on those American baby forums said that they were not told their arms would be strapped down before they signed the consent form.
Baloney.

The thing is in England they cannot do anything to you without your consent. And even after you have consented to the operation you can still refuse any procedure you don't want and you can withdraw your consent.
But maybe in America it's different.
You're kidding me. The US has even more stringent controls than the UK.

What I don't understand is that in those web posts the women said they consented to the C Section but did not know their arms would be strapped down. One woman said in her blog post they strapped her arms down even though she begged them not to. Then she had a panic attack from being strapped down. But instead of undoing the straps they sedated her. That would never happen in England because they don't strap you down and they don't strap your arms down.
Okay, enough. This is not the place to discuss the myths and legends of healthcare in the US and the UK and what's worse is that you're both understating and overstating willy nilly.

Here's the Cliff Notes version for anyone vaguely interested in the issues of consent.

http://www.nhs.uk/Conditions/Consent-to-treatment/Pages/How-does-it-work.aspx
 

Proserpina

Senior Member
You do understand that the consent form you sign indicates that the doctor has permission to do whatever additional procedures as are necessary to provide appropriate care. That means that if needed, (you have an adverse reaction to the spinal and suddenly start flailing) the doctor and anesthesiologist have permission to sedate you to whatever level is medically indicated and restrain you as needed for your safety and to permit the staff to provide care as needed.

I really think you are missing the boat on several of your points.

That was very nice of you. But honestly, she's just not getting it. What's worse is that she's even getting the UK stuff wrong.... and if anything, there are FAR more protections for patients in the US.

Dagnabbit now I need a cup of Earl and a Galaxy.
 

Polly Page

Junior Member
Baloney.



You're kidding me. The US has even more stringent controls than the UK.



Okay, enough. This is not the place to discuss the myths and legends of healthcare in the US and the UK and what's worse is that you're both understating and overstating willy nilly.

Here's the Cliff Notes version for anyone vaguely interested in the issues of consent.

http://www.nhs.uk/Conditions/Consent-to-treatment/Pages/How-does-it-work.aspx
Yes I knew about that before you posted the link.

Yes in the UK you can be Section(committed) to a psychiatric hospital and forced to have treatment under the Mental Health Act. But they need 2 psychiatrist and a Social Worker to do that.
As it says:
Under the Mental Health Act (1983), people with certain mental health conditions – such as schizophrenia, bipolar disorder or dementia – can be compulsorily detained and treated at a hospital or psychiatric clinic without their consent, if deemed necessary.
If the person lacks capacity (the ability to understand information and use it to make a decision) and has not previously expressed their wishes, their mental health condition may be treated without consent, as may any related conditions, such as those resulting from self-harm. However, unrelated physical conditions cannot be treated without consent.
That is correct.

Also if a person is deemed mentally incompetent then yes they can be forced to have treatment for a physical condition. But they would first have to be deemed mentally incompetent by a psychiatrist and then the Health trust would need to get a court order. But that is very rarely used in the UK. Forced treatment by court order that is.

Additional procedures
There may be some circumstances when, during an operation, it becomes obvious that the person immediately requires an additional emergency procedure that was not included in their original consent.
For example, they may be having abdominal surgery, when the surgeon notices that their appendix is dangerously close to bursting and needs to be removed.

If it's felt that it would be too dangerous to delay the additional procedure to get consent, this procedure can go ahead if it is considered to be in the person's best interests.

However, extra procedures cannot be done just because it would be convenient for the healthcare professionals. There has to be a clear medical reason why it would be unsafe to wait to obtain the person's consent.
Emergency treatment

If a person requires emergency treatment to save their life, and they are unable to give consent as a result of being incapacitated (for example, they are unconscious), treatment will be carried out.
In these cases, the reasons why treatment was necessary will be fully explained once they have recovered.
Yes that's true but we are talking about strapping your arms down during C Sections or a C Section.
And that is not done in the UK. Strapping the arms down during C Sections is not a practice at all in the UK.
Nobody who has a C Section in the UK has ever had their arms strapped down. And it is not done for any other surgery in the UK unless you are having surgery on your arms maybe.

Before I came to America I spoke to the head of my local NHS hospital in England and several other hospitals in London. I told them what they do in the American hospitals here. The hospital manager of both my local NHS hospital and the other hospitals I asked about this in the UK. Told me they don't strap arms down during C Section or any other surgery. They are not allowed to do that.

Yes in the UK they use psychical restraint such as holding someone down if they are detained under the MH Act mostly and some other situations And they use sedation and GA but they don't strap patients to beds or operating tables Nope. That kind of restraint that is strapping someone down is illegal in the UK.

Yes here in America and a lot of other countries hospital can and do restrain people by strapping their arms, legs and use 4 pint restraints to the bed or operating table to restrain.
But this does not happen in England. England is one of the few counties in the world where this form of restraint (strapping or tying someone down) is illegal.
I also spoke to a UK childbirth group who is in regular contact with NHS hospitals doctors, midwives as well as other mothers in the UK. And they also confirmed that this (strapping the arms down) has never happened too any women in the UK. Also none of the supervises of midwives who are in charge of both the maternity care and know everything about NHS hospital practices have ever heard of this practice. Neither have any UK doctors.
They don't do it in the UK.
 
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Polly Page

Junior Member
Baloney.



You're kidding me. The US has even more stringent controls than the UK.



Okay, enough. This is not the place to discuss the myths and legends of healthcare in the US and the UK and what's worse is that you're both understating and overstating willy nilly.

Here's the Cliff Notes version for anyone vaguely interested in the issues of consent.

http://www.nhs.uk/Conditions/Consent-to-treatment/Pages/How-does-it-work.aspx
Yes I saw that and it's true. Yes that's true but we are talking about strapping your arms down during C Sections or a C Section.
And that is not done in the UK. Strapping the arms down during C Sections is not a practice at all in the UK.
Nobody who has a C Section in the UK has ever had their arms strapped down. And it is not done for any other surgery in the UK. Not in any UK hospital.
 

not2cleverRed

Obvious Observer
Why is this on a LEGAL forum?

And, if you want to view it as a LEGAL question, should it not be in a different section - say, malpractice?

Yes, a hospital may strap your arms down during a c-section. Or they may not. The policy varies from hospital to hospital, doctor to doctor.

Just like some hospitals won't feed you anything but ice chips after a c-section until you pass gas (which can be a couple of days).

So, make sure the hospital you are giving birth at has doctors who concur with your birth plan. You're not going to convince an old-fashioned doctor to completely change his/her methods just for you. And it's not malpractice to do any of these things.
 

Zigner

Senior Member, Non-Attorney
The thing is in England they cannot do anything to you without your consent. And even after you have consented to the operation you can still refuse any procedure you don't want and you can withdraw your consent.
But maybe in America it's different.
Nope, it's not.
 
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