Woman claims "I was sterlized against my will!" after having 9 children...

[deepimpact2]

Originally Posted by Kevin

That's why I went with Battery. With Battery, you get straight to punitives (without all those nasty medmal caps). With malpractice, since it's a negligence based claim, I'm pretty sure you have to prove damages to win.

I'm definitely not a medmal guy and don't (yet) do civil rights cases, although I'm planning on getting around to calling up the federal Bar's pro bono folks to do pro bono prisoner civil rights claims against the state.... so maybe in a couple years I'll revive this thread and wax eloquent on the requirements of 42 USC 1983, et. seq... but not today

Yeah, you do have to prove damages. She wouldn't likely be able to prove special damages (unless the bill for the tubal ligation was more than a bill would be for the IUD), but she could perhaps get general damages.

[squirrely girl]

for people who decide to breastfeed, it can be over a year before you have your first period after childbirth...

[ASUADPi]

Here's my thing. The article states this...

"Savicki has nine children from several men, is unemployed and relies on public assistance for two of the four children who live with her. She receives supplemental security income, or SSI, for a disability, non-Hodgkin’s lymphoma, she said. Her mother has custody of three of her children. Two of her children are no longer minors."

But then she goes on to state this...

"“I take care of my kids. I love my kids. I was not ready to make that kind of decision,” she said of the permanent sterilization."

Pardon me while I scratch my head.

How do you take care of your kids when you are unemployed, receiving social security, government assistance and mom has custody of 3 of them?

This woman is a frickin' moron. She is just as bad as octomom!

She also seems quite sue happy, since she sued once before she got pregnant (claimed that she was sold expired spermicide )

I don't feel sorry for her whatsoever.

I also feel that since the doctors can't tell "their side" of the story, that we aren't getting the "whole" story. For all we know she could have signed something agreeing to a tubal ligation and is now pissed because she can't have baby number 10 (that too would end up on government assistance).

[Xanthus]

This is bullshit. So what are we doing now, telling people how many kids they can have? Ancient Chinese Secret horse shit.

[als463]

ASUADPi hit the nail on the head. She is on public assistance, but then she claims she is "taking care of her kids." I hate when people say that. Why do people say, "My kids are always dressed in name brand clothes, I take care of my kids." I hear people talk all the time about how they provide for their children because their kids are the best-dressed or have the nicest toys. Taking care of your kids does not mean sitting them in front of a television set, eating government cheese and sipping on Mountain Dew.

This b**** needs to get a job and get a clue. Personally, I think we should sterilize anyone who LIVES on the system for a certain period of time. If you keep having children and you constantly get them taken away from you or you are living on the sytem their entire lives, you need to be sterilized. As a former Caseworker, I can say that if you lose your parental rights to any of your children, you should be sterilized. I'm gonna' get flamed for this, but in times like this, I say screw constitutional rights. Some people are too stupid to make decisions for themselves. Wrong! It is NOT just her body. It is the lives of her children that she brought into the world with little stability.

Wow, this story really got me mad!

[deepimpact2]

Originally Posted by als463

ASUADPi hit the nail on the head. She is on public assistance, but then she claims she is "taking care of her kids." I hate when people say that. Why do people say, "My kids are always dressed in name brand clothes, I take care of my kids." I hear people talk all the time about how they provide for their children because their kids are the best-dressed or have the nicest toys. Taking care of your kids does not mean sitting them in front of a television set, eating government cheese and sipping on Mountain Dew.

That is not the least bit relevant to this story. I don't think people should have babies and not take care of them, but this isn't really about that. Allegedly this woman elected to have one procedure and they performed a different one. Whether you like her lifestyle or not, if this is true, then it is basic medical malpractice and you can't have people deciding the merit of her case based on whether they agree with her having so many kids.

[als463]

Originally Posted by deepimpact2

That is not the least bit relevant to this story. I don't think people should have babies and not take care of them, but this isn't really about that. Allegedly this woman elected to have one procedure and they performed a different one. Whether you like her lifestyle or not, if this is true, then it is basic medical malpractice and you can't have people deciding the merit of her case based on whether they agree with her having so many kids.

How is talking about her abusing the system not relevant to thread? Other people said the same thing. It might be about that. It may not have been right for them to perform this surgery/ operation without her consent, but maybe instead of crying that she wasn't treated properly, we should give these Doctors a pat on the back.

P.S. Psi U MC Vito, I heart you...

[Jill1228]

Originally Posted by als463

How is talking about her abusing the system not relevant to thread? Other people said the same thing. It might be about that. It may not have been right for them to perform this surgery/ operation without her consent, but maybe instead of crying that she wasn't treated properly, we should give these Doctors a pat on the back.

P.S. Psi U MC Vito, I heart you...

I freaking heart both of you! If she can't feed and take care of the kids she has now, she shouldn't be breeding

And as ASUADPi said, the burden of proof is on her

[deepimpact2]

Originally Posted by als463

How is talking about her abusing the system not relevant to thread? Other people said the same thing. It might be about that. It may not have been right for them to perform this surgery/ operation without her consent, but maybe instead of crying that she wasn't treated properly, we should give these Doctors a pat on the back.

P.S. Psi U MC Vito, I heart you...

If you give these doctors a pat on the back, that will only make things get out of hand. Then you may start having doctors sterilize ANYONE that THEY feel is abusing the system, without knowing anything about that person. I don't understand why any intelligent human being would support that kind of thing.

It is attitudes like yours that scare me when it comes to jury trials. Too often jurors get hung up on irrelevant issues and humanistic things and disregard the actual law. The sad part is that if the lawsuit goes to trial and gets to a jury, the jury will probably do the very same thing you are doing.

People need to understand that unsympathetic plaintiffs deserve their day in court as well if they have legitimate legal issues.

[ASUADPi]

Originally Posted by deepimpact2

That is not the least bit relevant to this story. I don't think people should have babies and not take care of them, but this isn't really about that. Allegedly this woman elected to have one procedure and they performed a different one. Whether you like her lifestyle or not, if this is true, then it is basic medical malpractice and you can't have people deciding the merit of her case based on whether they agree with her having so many kids.

But the reality is we really don't know what went down. We are only get "her" side of the story as the hospital, doctors and nurses can't comment due to pending litigation (which leads me to believe that the hospital is fighting her claim, if that is the case I'm sure they have documentation that supports their claim).

The burden of proof is on her. She has to prove that she did not sign something that said yes to sterilization. For all we know, she could have and now she pissed about it. That is why they say to read before you sign. For all we know the hospital could have screwed up and gave her the wrong consent form to sign, but she did sign it. If she didn't read the document before signing, I'm sorry she has no one to blame but herself.

[deepimpact2]

Originally Posted by ASUADPi

But the reality is we really don't know what went down. We are only get "her" side of the story as the hospital, doctors and nurses can't comment due to pending litigation (which leads me to believe that the hospital is fighting her claim, if that is the case I'm sure they have documentation that supports their claim).

The burden of proof is on her. She has to prove that she did not sign something that said yes to sterilization. For all we know, she could have and now she pissed about it. That is why they say to read before you sign. For all we know the hospital could have screwed up and gave her the wrong consent form to sign, but she did sign it. If she didn't read the document before signing, I'm sorry she has no one to blame but herself.

No, we don't know what went down, but it isn't that uncommon to have doctors perform the wrong procedure on patients. You are implying that she may have done something herself to cause it to happen, but are you thinking that because you are judging her on having 9 kids or is that what you really think may have happened? If they cannot produce a consent form that she signed for the tubal ligation that fell within the guidelines for such procedures, then yes, they were wrong.

[Psi U MC Vito]

Originally Posted by als463

ASUADPi hit the nail on the head. She is on public assistance, but then she claims she is "taking care of her kids." I hate when people say that. Why do people say, "My kids are always dressed in name brand clothes, I take care of my kids." I hear people talk all the time about how they provide for their children because their kids are the best-dressed or have the nicest toys. Taking care of your kids does not mean sitting them in front of a television set, eating government cheese and sipping on Mountain Dew.

This b**** needs to get a job and get a clue. Personally, I think we should sterilize anyone who LIVES on the system for a certain period of time. If you keep having children and you constantly get them taken away from you or you are living on the sytem their entire lives, you need to be sterilized. As a former Caseworker, I can say that if you lose your parental rights to any of your children, you should be sterilized. I'm gonna' get flamed for this, but in times like this, I say screw constitutional rights. Some people are too stupid to make decisions for themselves. Wrong! It is NOT just her body. It is the lives of her children that she brought into the world with little stability.

Wow, this story really got me mad!

*Claps*

Again I ask, what constitutional rights have been violated? Yes I do do agree human rights have been violated, but what does this mess have to do with the Constitution?

[agzg]

Originally Posted by Psi U MC Vito

Again I ask, what constitutional rights have been violated? Yes I do do agree human rights have been violated, but what does this mess have to do with the Constitution?

Where does it say that she (or her lawyer) said that they violated her constitutional rights? All I'm seeing is that she's saying they violated her reproductive rights, which they did.

Originally Posted by als463

How is talking about her abusing the system not relevant to thread? Other people said the same thing. It might be about that. It may not have been right for them to perform this surgery/ operation without her consent, but maybe instead of crying that she wasn't treated properly, we should give these Doctors a pat on the back.

Might be relative to the thread, is not relative to the case. I'm not one for handing out pats on the back for medical malpractice, because that is (allegedly) what happened.

[Psi U MC Vito]

Originally Posted by agzg

Where does it say that she (or her lawyer) said that they violated her constitutional rights? All I'm seeing is that she's saying they violated her reproductive rights, which they did.

Right here.

Savicki’s attorney, Max Borten of Waltham, alleges that his client’s human and constitutional rights were violated and that the hospital had a “total breakdown of protocols.”

[Gusteau]

Originally Posted by agzg

Might be relative to the thread, is not relative to the case. I'm not one for handing out pats on the back for medical malpractice, because that is (allegedly) what happened.

THIS. THIS. THIS. THIS.

Wow, I'm breaking all my GC rules tonight - 1. Using "THIS" is annoying., 2. Don't talk about "issues" on GC, stick to Greek Life.