You Break It, You Bought It

**Joshua** · 09-12-2003, 08:38 AM

Australia's High Court ruled, 4-3,in July that because Dr. Stephen Cattanach's sterilization surgery on Ms. Kerry Melchior had failed, it was Cattanach's (and the Queensland Health Department's) responsibility to pay the cost of raising the Melchiors' unwanted child until age 18. The decision stunned the medical profession and insurers in Australia, especially because Cattanach had relied on Melchior's inaccurate statement that her right fallopian tube had been removed at age 15 (and so performed surgery only on the left tube). [Sydney Morning Herald, 7-17-03

**attgig** · 09-12-2003, 09:43 AM

Originally posted by SnotRocket
Australia's High Court ruled, 4-3,in July that because Dr. Stephen Cattanach's sterilization surgery on Ms. Kerry Melchior had failed, it was Cattanach's (and the Queensland Health Department's) responsibility to pay the cost of raising the Melchiors' unwanted child until age 18. The decision stunned the medical profession and insurers in Australia, especially because Cattanach had relied on Melchior's inaccurate statement that her right fallopian tube had been removed at age 15 (and so performed surgery only on the left tube). [Sydney Morning Herald, 7-17-03

that's messed up...if she told the doctor a wrong statement, then the doc shouldn't be at fault.

**Peachhead** · 09-12-2003, 10:52 AM

Wouldn't you think he would have checked, though? Seems to reason as a doc, you can't always rely on your patient's faulty memory.

**attgig** · 09-12-2003, 10:58 AM

i see it as medical history. if you tell your doc that you're not alergic to penecillin and he prescribes you some...and u take it and react badly....well...is it your fault or the doc's?

**InfiniteNothing** · 09-12-2003, 11:06 AM

Originally posted by Peachhead
Wouldn't you think he would have checked, though? Seems to reason as a doc, you can't always rely on your patient's faulty memory.

wouldn't he have to do another surgery to check it?

**bbrian** · 09-12-2003, 11:11 AM

I see it as the docs fault. They should confirm your actual medical history with what you are telling them. If they don't have access to complete medical history, then it's another story.

I think many doctors also fail to tell people the risks of a drug/procedure. Such as 'If you are allergic to penecillin, then this could kill you' or 'if you still have that fallopian tube or by some freak of nature it has grown back you could still get pregnant'. People tend to think about things a little more when presented with more detail.

**Peachhead** · 09-12-2003, 11:22 AM

Originally posted by attgig
i see it as medical history. if you tell your doc that you're not alergic to penecillin and he prescribes you some...and u take it and react badly....well...is it your fault or the doc's?

True..but somewhere there ought to be a med history on you that says definitely that you are allergic. And the doc ought to check that, I would think.
I guess if you never went to the doc then you wouldn't have one..then what? good question.

**Joshua** · 09-12-2003, 12:34 PM

If you're under the hood checking the right side, does it take much to check the left since you're there anyway? :d

**yippiekiyeh** · 09-12-2003, 03:06 PM

Hmm ic so by the same regard, if I lie to my Doctor, and say that yes I have XYZ and in reality I don't, I can sue my doctor for trusting my word on my body!

I see it now:

Lie to Doc + wrong diagnosis = $$$$

Yeah that makes a lot of sense to me.

What is this world coming to