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Doctor tied patient's tubes during labor without her consent

Posted by on Apr. 29, 2013 at 8:25 AM
  • 57 Replies

 

 

Lawsuit: Doctor tied patient's tubes during labor without her consent

Thursday, April 25, 2013

HOUSTON (KTRK) -- A local doctor is at the center of a serious lawsuit because of what a patient says he did to her, without her permission, in the midst of a surgery. The woman says she can no longer have children because of what happened.

 

The lawsuit was filed in the last week at the civil courthouse. The woman went to the hospital to have a baby and she alleges later found out she left unable to have any more.

 

A miracle moment in one woman's life was followed two months later by shocking news.

 

According to this lawsuit, Amber Graves, a young mother of three, visited her doctor, Dr. Fan Wang, to obtain birth control in early 2011. Instead, it says she learned he performed a tubal ligation after the birth without her informed consent, and it sterilized her. Graves is suing both Dr. Wang and the Memorial Hermann Hospital System alleging negligence. The lawsuit adds that during her follow-up visit, he told her there was no need for birth control because she already had three children by one man and that was enough.

 

We found Dr. Wang at his north-side clinic.

 

"Is this true? Did you do this without her permission?" we asked him.

 

"I don't want to make any comment. Everything is there and she will tell you everything," he replied.

 

Dr. Wang referred us to his attorney, who sent us an email saying, "The medical record contains a pre-operative consent form for a bilateral tubal ligation, signed by the plaintiff, in which she acknowledges the ramifications of the procedure including sterility."

 

Graves' attorney tells Eyewitness News Dr. Wang's consent forms are questionable at best. In a prepared statement, Memorial Hermann Memorial City, the hospital where the procedure was performed, told Eyewitness News:

 

"We received your request regarding the lawsuit and allegation being made a patient against the physician and the hospital. Regarding, we have not been served with a lawsuit, and we cannot comment on the patient's care or on pending litigation."

 

The doctor's attorney says the consent forms are part of the patient's file. The hospital says all the facts will come out in court.

 

The plaintiff's attorney hopes to depose the doctor this summer.

 

by on Apr. 29, 2013 at 8:25 AM
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Replies (1-10):
cjsbmom
by Lois Lane on Apr. 29, 2013 at 8:32 AM
2 moms liked this

My question is, if she signed the consent form, did she know what it was? Sometimes, they had you a stack of papers and ask you to sign them. A woman in labor may not pay close attention to what each paper says. So that is my question. If she did, indeed, sign it, did she know what she was signing?

My other question is did she request sterilization, or did the doctor make the judgment call that she already had three kids, so he just threw that form in there for her to sign without really talking about it? I couldn't imagine my doctor telling me he thought I should be sterilized because I'd had enough kids to the same man. 

angevil53
by on Apr. 29, 2013 at 8:35 AM
Well this story would be worth following. I wonder what all went down.
prettygirl326
by Member on Apr. 29, 2013 at 8:41 AM
They don't make you sign those type of papers unless you previously told you obgyn that you want your tubes tied. Judging from the statement he made, he's guilty.
LauraKW
by "Dude!" on Apr. 29, 2013 at 8:48 AM
1 mom liked this
Just waiting for the facts.
lga1965
by on Apr. 29, 2013 at 9:00 AM
She might be lying and hoping to sue him for a bunch of money.
This will be interesting. We do need more details.
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Sisteract
by Whoopie on Apr. 29, 2013 at 10:21 AM
3 moms liked this

Informed consent means the surgeon explaining each and every procedure indicated on the consent form and initiating/asking questions that indicate patient understanding of the procedures to be done. The patient would have needed to verbalize understanding before she signed the consent forms. Sounds like the correct, legal informed consent procedure was not thoroughly completed before the surgery occurred.

Mommy_of_Riley
by Jes on Apr. 29, 2013 at 10:25 AM
1 mom liked this
I HATE doctors that try to make you sign paperwork while in labor. You are NOT in a state of mind to sign anything...

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Euphoric
by Bazinga! on Apr. 29, 2013 at 10:29 AM

 crazy

AdrianneHill
by Platinum Member on Apr. 29, 2013 at 10:33 AM
What a conceited bastard. I hope the truth comes out but I wouldn't be surprised if he had that consent form slipped into her paperwork so he could curtail excess children from unfit mothers or whatever reason he used to justify his actions to himself.
im_not_trollin
by on Apr. 29, 2013 at 10:34 AM
2 moms liked this

 Well, she signed a consent form, I want more facts, because it could be her regretting it and wanting money or it could be that he just through that paper in there. Either way, you should read EVERYTHING before signing it at a hospital...

But when I got my csection and tubal, the doctor asked me twice even after signing, he asked me during the csection and then again just before he did it he said "Are you sure? This is permanent, speak now or forever hold your peace..." Apparently I just have an awesome doctor, lol.

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