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  1. #1
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    Default My Doctor tied my tubes without consent

    Hi everyone,

    This is something which has been really upsetting me for over 10 years now. I was married and tried to conceive and had an ectopic pregnancy, at the time I didn't know what this was... I was in extreme pain and was rushed to the hospital as my tube had ruptured.
    I tried again to conceive and was pregnant with another eptopic pregnancy, Dr (name removed by mods for legal reasons) performed surgery and the egg in it's early stages was removed from my fallopolian tube.
    After this we decided to try IVF. On the third attempt I was pregnant after the embro was implanted in my uterus and thought all my dreams had came true. I was not aware that I could have another eptopic pregnancy with this procedure and was given no warning of this. I started bleeding heavily (the egg made it's way up the scared tube from my uterus) and was admitted to hospital with another eptopic pregnancy.
    *text removed by moderator* (My Doctor) then decided while I was under antisetic WITHOUT MY CONSENT to cut and tie my only working tube (the other had been ruptured with the first eptopic pregnancy). He though that this would help my chances of conceiving in the future so as the egg implanted in the uterus from IVF would not be able to make it's way up my remaining only tube, the one which was scared and damaged.
    Are doctors able to have the right to do this without your consent, because I have always wanted a baby the natural way and think this could have been quite possible if this chance had not been taken away from me.
    Please let me know your thoughts, or if you're a lawyer, where do I stand in all of this.
    Thanks,
    Last edited by BH-bubhub; 03-02-2012 at 11:43. Reason: removal of doctors name for legal reasons

  2. #2
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    Omg!! I believe you absolutely do have a leg to stand on with this. I am so sorry this has happened to you

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  4. #3
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    Savingfishfromdrowning is offline If you can't change your fate, change your attitude
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    No a Dr cannot tie your tubes without your consent, unless it was a life-or-death decision on the operating table.

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    That's awful to hear, I'm so sorry.

    I studied criminal law last year, and we covered this situation (not the exact scenario, but medical procedures being performed without consent). I'm not a practicing lawyer so please do not take this as legal advice. The qld criminal code is quite similar to the WA criminal code, but not exactly the same. Based on the WA criminal code, what you are describing would be grevious bodily harm if it was not medical necessity or in the best interest of the patient. This is where things become grey. You would normally sign a consent form before your operation, even if emergency scenarios there is usually something signed. It would depend entirely on what was signed as to whether there could be a case. As I'm sure their consent forms are carefully worded by a lawyer, I wouldn't hold much hope on you having a successful case.

    Also, there are limitations on time frames when cases can be bought forward. 10 years may or may not be over this, I am not sure what it is in QLD.

    If you have a copy of your consent forms or can request it from the hospital that would be the place to start if you want to investigate this.


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    I think you would stand a pretty good chance if you were to take legal action against him, I'd be beyond furious if this happened to me.

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    Thank you for your support, at the time it was not life threatening. He just decided to do it and I did not sign consent forms.

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    Thank you so much, that was great support. Will try and get hold of the forms, I certainly did not sign anything that allowed the procedure to tie my fallopian tube. It was over 10 years ago, so may not have a leg to stand on. This is probably where I should start.... thanks, again

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    I would think you have a case but given the length of time that has passed you would need to, I presume and could be totally wrong, get past any limitation period issues. Good luck in seeking remedies for the dr's actions.


    Sent from my iPad so pardon the errors!

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    There was a recent case with a dr down south. He was essentially assaulting women. I think he removed a woman's cl1toris intentionally. Horrific stuff. I can't remember he was the same as the butcher of bega.

    You should talk to the police re criminal charges. You will need your records, and evidence.

    You need to see a lawyer re a civil case against the dr and hospital. if you knew for 10 years, then you will be past the limitation date, but it can be extended under some circumstances. You would be best taking as much evidence as possible to lawyers, as you will get 'we would love to help you, but can't take this sort of matter on right now, try xyz' if it appears too hard or fanciful.

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    Eta: you need to see the lawyer asap, as it gets harder if even more time passes.

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