The Verdict

What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?

• Wrong Site Surgery Day March 9, 2011
• No more wrong-site surgeries – PLEASE!
• New Wrong-side Surgery Study May Help Surgeons

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What do you do when you've experienced a wrong-site, wrong-patient or wrong-procedure surgical error?

• Serious Reportable Events (SREs)- Never-Event Fact Sheet
• Florida: Wrong-site, Wrong-patient, Wrong-procedure or "never-events".
• New England Journal of Medicine: A pre-surgical checklist includes the time-out.
• Minnesota Patient Safety Reports - Preventable Errors
• PAMELA G. ROCK vs. WARHANK, BLUE GRASS FAMILY, et. al. - Medical Malpractice Statute of Limitations

Is it legal to perform a tubal ligation without written consent?

A:

The answer is no it is not. A tubal ligation is a sterilization operative procedure that renders the patient unable to conceive children. It is a procedure that is not without risks both in the operation and after. One risk is the risk of ectopic pregnancy.

“Although tubal ligation is almost 100 percent effective, a small percentage of women will become pregnant as much as ten years later and the risk of tubal pregnancy is significantly higher in women who have undergone tubal ligation.”

How do you know if you’ve consented or not consented to having a tubal ligation?

Normally when you arrive at the hospital you sign a surgical consent form. Because this is an elective surgery consent is almost always necessary. I won’t say 100% but 99.99% it is elective requiring consent.

You may wonder why I’m discussing tubal ligations and a patient’s consent. I’ve come across at least two cases in the recent past where doctors have performed these surgeries under questionable circumstances.

Arkansas Board of Medicine "Sanctions" Surgeon with a " ...

... A mistake is what the doctor is reported to have called what she did. ... to why a woman can be secretly sterilized and the offender gets a slap on the wrist. ... 101k

The headline reads, “Doctor reprimanded for secret sterilization” by Sandy Maple.

"Last year, when a woman in Berryville, Arkansas went into the hospital to deliver her baby by Cesarean section, she did not request or authorize her doctor to also perform a tubal ligation. But that minor detail didn't stop Dr. Shirolyn Ruth Moffett from doing just that. Dr. Moffett claims that she surgically ensured that this woman would never have another child because she feared that the patient's uterus would burst if she ever got pregnant again.

Not only did Dr. Moffett perform this procedure without permission, she failed to inform the woman after the fact and made no notation of what she had done on her medical chart. "I know now that was a mistake," she told the Arkansas State Medical Board. "I had not made this kind of error my whole medical career. I was appalled.""

Then recently there was another instance of questionable circumstances in Hardin County, Iowa.

“The Board alleges that Respondent failed to conform to the minimal standard of acceptable and prevailing practice of medicine in Iowa when he performed a tubal ligation on a female patient without proper consent in Iowa Falls, Iowa, in 2008. The information reviewed by the Board indicates that the patient affirmatively told Respondent that she did not want a tubal ligation, she did not sign a consent form for a tubal ligation and Respondent performed the procedure without proper patient consent.”

What does all of this mean? It means if you have any information about this practice I want to talk with you. Whether you’re a woman who has had it happen to you or the husband of a woman who has been sterilized without consent, I want to talk with you.

If you’re a nurse or other operating room person who has knowledge of unconsented surgical procedures I want to talk with you as well.  And you want to talk with me. I know there are many nurses who suspect what is going on but are constrained by the system and don’t feel like you can come forward. But you can and should.

Are you one of the many patients who every year experience a medical mistake that seems so obvious you can't believe it happened to you? Did they operated on the wrong site or do the wrong procedure or worse yet operate on the wrong patient. We have experience litigating these cases and can help you. It's really pretty straight forward. Don't talk with the doctor or hospital’s insurance company representative. They aren't there for you. If you are the surgical patient it's important you understand the time-out procedure and how it's supposed to be used. Lombardi Law Firm has been studying this issue and we have represented clients involved in wrong-site surgeries.

Remember there are three types of surgical mistakes that the time-out is supposed to prevent. 1. Wrong-site surgeries. 2. Wrong-patient surgeries. 3. Wrong-procedure surgeries.  If this happens to you contact the Lombardi Law Firm. We will assist you with your claim.  Know your rights, act proactively and protect yourself.

Lombardi Law Firm
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