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.

[AOII Angel]

Originally Posted by deepimpact2

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.

I bet the bill would be higher for TL than IUD since she provided the actual IUD herself...just my two cents since I have no clue about all this legal mumbo jumbo

[DaemonSeid]

Originally Posted by AOII Angel

I bet the bill would be higher for TL than IUD since she provided the actual IUD herself...just my two cents since I have no clue about all this legal mumbo jumbo

Hell, I wanna know why she brought her own IUD.

[AOII Angel]

Originally Posted by DaemonSeid

Hell, I wanna know why she brought her own IUD.

A lot of hospitals don't stock certain implantable devices. If she wanted a specific device implanted that they didn't have, then she would have to bring it with her. I have actually seen this happen when I've been on Plastics with patients bringing their own breast implants.

[33girl]

Originally Posted by AOII Angel

A lot of hospitals don't stock certain implantable devices. If she wanted a specific device implanted that they didn't have, then she would have to bring it with her. I have actually seen this happen when I've been on Plastics with patients bringing their own breast implants.

Is this maybe a state to state law? I've never heard of such a thing, and I certainly would not have anything IMPLANTED at a hospital that didn't have it on hand and made me bring my own. Maybe it's in sterile packaging, but what if (example) the patient accidentally leaves the package in the sun? If you're going to a ob/gyn who uses IUDs frequently for their patients, why would they practice at such an establishment?

This just makes no sense to me because like als463 said, I've never even seen any of my friends be allowed to get a piercing (from ears to everything else) and "bring their own."

[AOII Angel]

Originally Posted by 33girl

Is this maybe a state to state law? I've never heard of such a thing, and I certainly would not have anything IMPLANTED at a hospital that didn't have it on hand and made me bring my own. Maybe it's in sterile packaging, but what if (example) the patient accidentally leaves the package in the sun? If you're going to a ob/gyn who uses IUDs frequently for their patients, why would they practice at such an establishment?

This just makes no sense to me because like als463 said, I've never even seen any of my friends be allowed to get a piercing (from ears to everything else) and "bring their own."

IUDs are usually inserted at doctors' offices, and I would assume that the vast majority of OB-GYNs that perform this procedure would stock these, mainly because they do them frequently. Bringing your own implantable device to a facility would be rare, but it does happen and it is legal. I think it's funny how offended people are at the concept. Would you really mishandle something that would be put inside of you?

Some of these items are very expensive to stock and expire if not used (especially IUDs that contain medications) so hospitals may not choose to stock all forms. Hospitals often don't stock all medications as well. They have "formularies" that contain medications that their pharmacy committees have negotiated prices for that save them money. They do NOT stock all drugs so if you go to a hospital and your medication is not on the formulary, you can either take a similar medication or bring your own and take it. There is no giant mall of medical implants at these hospitals so if you need something that they don't carry, it is often easier for the patient to procure the item prior to surgery. For more high priced items, like orthopaedic hardware, the sales rep actually comes to the operating room with the implants and even shows the surgeon how to use them. When any item is brought in from outside and the item has been tampered with (and it is easy to tell if they have been) they won't be used. Hospitals, obviously, have procedures set in place to assure compliance and safety, but it would be pretty hard for a patient to sue the hospital or doctor if she/he tampered with the product.

[DrPhil]

Originally Posted by AOII Angel

Would you really mishandle something that would be put inside of you?

If you are doing so for the purpose of suing for malpractice.

Crazy people have done all sorts of things to set others up. Never heard of people harming themselves to accuse someone else of doing it?

[33girl]

Originally Posted by AOII Angel

Would you really mishandle something that would be put inside of you?

(specific to thread) Considering that 3 of her kids are no longer under her care, I wouldn't trust this whack job to bring my Quarter Pounder from the counter to the booth.

(general) People may not intentionally mishandle things, but just out of ignorance not store it or handle it properly. Why should they know how to do that? They aren't medical professionals. And as DrPhil said, people will do lots of crazy things to get $$$. Finger in the Wendy's chili, anyone?