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

[Kevin]

Originally Posted by deepimpact2

I don't know if I agree with that. What is the difference between this case and a case involving someone who goes in for a face lift and gets a breast reduction on her 44H's instead? I mean you could make the argument that she needed the reduction anyway for health reasons, but that's not what she asked for. The focus should really be on the fact that it appears that the procedure she requested was NOT the procedure that was performed.

If it later turns out that she asked for the ligation (which I doubt) then that would be a different story. But somehow I think if that was really the case, gag order or not, that information would have been leaked by now.

I guess I wasn't being clear.

Hypothetically, if only nominal damages are proved on the battery, the lawyer is going to lose lots of money on this case. You're a law student, so you probably don't have a lot of experience at evaluating cases based upon whether they'll help you pay your student loans or whether they'll waste many hours of your time, cost you an arm and a leg and leave you with nothing.

[deepimpact2]

Originally Posted by Kevin

I guess I wasn't being clear.

Hypothetically, if only nominal damages are proved on the battery, the lawyer is going to lose lots of money on this case. You're a law student, so you probably don't have a lot of experience at evaluating cases based upon whether they'll help you pay your student loans or whether they'll waste many hours of your time, cost you an arm and a leg and leave you with nothing.

Pro bono.

Publicity.

I don't have student loans.

I'm a law student, but I do have plain common sense. It is pretty obvious when some cases are a waste of time. Others, not so much. There isn't enough information to say it is a waste of time just yet.

[als463]

I'm also a law student, but I'm not going to go on a public forum and begin talking about Tort law as if I am an expert. From a legal perspective, if she didn't sign a consent form, they were wrong. From a personal perspective, people who can't take care of the children they already have and who have had parental rights already terminated should be sterilized and they should also be charged with child neglect.

Here come the flames. I am a former caseworker and counselor. I've watched women with drug addictions and parental rights terminated, who lived on the system, complain when CYS didn't give them more handouts than they already got. I've seen people play the system like a fiddle, on more than one occasion. I saw it every day.

Because this thread is based on her being sterilized, I will attempt to refrain from putting my personal opinion into the discussion regarding child rearing (it seems I already failed above). Legally, I don't even know how you could walk into an office and say, "give me surgery using this item." I know that even to get a new piercing (when I got my belly button re-pierced) I was not allowed to use an old earring that I soaked in alcohol. The tattoo/ piercing artist did not want to use items that they don't sell to cover their own butts. With malpractice being such a hot button issue, why would a Doctor be okay with that? I'm not a Doctor-so if anyone here is or is in med school, please explain.

[AOII Angel]

Originally Posted by als463

Legally, I don't even know how you could walk into an office and say, "give me surgery using this item." I know that even to get a new piercing (when I got my belly button re-pierced) I was not allowed to use an old earring that I soaked in alcohol. The tattoo/ piercing artist did not want to use items that they don't sell to cover their own butts. With malpractice being such a hot button issue, why would a Doctor be okay with that? I'm not a Doctor-so if anyone here is or is in med school, please explain.

All implants come in sterile packaging. Patients that bring their own items to the hospital must bring them in their original, unopened, sterile packaging in order to be used. That being said, patients may also bring their own medications to the hospital to take instead of using medications provided by the hospital that may charge them much more for the items.