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Biomedical subjects

R P Bergen

Publications and source records attributed to R P Bergen.

At least 19 recordsLinked to original sources
PubMed1975

Protection against malpractice litigation.

Malpractice insurance costs are based on loss experience and defenses of expenses. Physicians in the high-risk category are in that position because, as a group, they have a high frequency of claims, a high average cost, or both. True, "defensive medicine" is the best way to minimize the risks. This does not mean ordering unnecessary tests or refusal of essential treatment. Rather, it is the habit of exercising extra care and foresight to avoid medical hazards and to apply prompt remedial measures when they occur. It means being aware of the patient's personality and needs. It means taking time to talk to the patient about proposed procedures and their risks. This kind of "defensive medicine" offers the best hope for reducing the frequency and cost of claims that result in the present critical malpractice problems.

Communication↗
PubMed1974

Man with sterile spouse wants vasectomy: legal implications.

QUESTION: A middle-aged man whose wife has undergone a hysterectomy wants to have a vasectomy. His obvious intent is to engage in extramarital relations without fear of causing a pregnancy. May I perform a vasectomy on this man without his wife's permission or knowledge and consider myself not vulnerable to suit by the wife? Since she is sterile, she could not claim she was deprived of having further children. What is your consultant's opinion? ANSWER: This question is one that has not been litigated thus far. Since there may be serious legal implications, a physician confronted with this problem should seek legal advice from his own attorney. It is not part of the legal obligation imposed on a physician that he police the sexual morality of his patients. On the other hand, he has no obligation to perform a procedure for which there is no medical necessity merely because the patient requests it. There is no rule of law that states that one spouse can prevent the other from receiving medical care that is desired. There also does not appear to be any legal rule that states that one spouse must always be informed of medical care received by the other. Nevertheless, spouses do have certain mutual interests in each other. Interference with these interests might provide a basis for liability. A wife might well sue a physician under these circumstances. Whether the suit would be successful cannot be conclusively determined.

Family Planning Services↗