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No Cancer! - Unnecessary Hysterectomy: Fraud Suit.(Review)

Publication: Regan Report on Nursing Law

Publication Date: 01-FEB-99

Author: TAMMELLEO, A. DAVID
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COPYRIGHT 1999 Medica Press, Inc.

WOULD YOU CONSENT TO A TOTAL HYSTERECTOMY IF YOU WERE ERRONEOUSLY TOLD YOU HAD CANCER? That was just one of the questions which arose in this Texas case in which a physician had obtained his patient's consent to a total hysterectomy after informing her that she had cancer. In fact there was no evidence, either before or after surgery, that the patient had cancer. What is a patient's recourse in such a case? Can she sue for medical malpractice? Can she sue for failure to obtain informed consent? Can she sue for fraud? Would you have sued for fraud under the circumstances of this case?

DORA CRUNDWELL CONSULTED DR. MICHAEL BECKER, AN OBSTETRICIAN-GYNECOLOGIST, CONCERNING PELVIC ABDOMINAL PAIN. The patient was diabetic, was experiencing vascular problems, and had undergone earlier bowel surgery. Dr....

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