Patient Says Doctor Bullied Her Into Signing Consent Form

A New York woman is suing North Shore University Hospital in Manhassat, NY claiming her signed consent form did not give them the right to perform an unwanted hysterectomy.

The patient’s initial lawsuit accused the hospital of assault and battery and challenged the hospital’s assertion that it had informed consent since the patient had signed a consent form. A lower court threw out the case saying a signed consent form was all the hospital needed. An appeals court disagreed and gave the case new life, saying the circumstances surrounding the signing of the consent form made informed consent a legitimate issue worth hearing. They further stated that if the hospital did not have informed consent, that opened the door for the assault and battery charge, even though the accusation was "over the top."

According to Outpatient Surgery and court documents, both parties agree that the patient, Sandra Thaw, repeatedly stated she did not want a hysterectomy. They also agree on the following details. In 2004, following a pelvic ultrasound with Teresa Lazar, MD, Thaw was told a mass was detected. Dr. Lazar offered a variety of treatment options including a total abdominal hysterectomy. Thaw said she did not want to have surgery. In 2007, further diagnostic tests revealed that Thaw’s mass might possibly be malignant. She again told Dr. Lazar she did not want a hysterectomy, but agreed to undergo a laparoscopic procedure.   

On the details beyond that, the parties disagree. Dr. Lazar admits Thaw continued to insist she did not want a hysterectomy, but asserts that Thaw signed a consent form before she was taken into the OR knowing full well one might be performed if the laparoscopic procedure indicated a likely malignancy. 

Thaw tells a different story. She says she was never told the laparoscopic procedure could turn into a hysterectomy. She further alleges she was already in the OR, her procedure was about to begin and she may have even started receiving anesthesia when a nurse “came running in” requesting her to sign a consent form. Thaw says she did not have her glasses and was unable to read the form. Dr. Lazar told her she had no choice but to sign it since she might have cancer. Thaw claims once she signed that form, Dr. Lazar immediately changed the laparoscopic procedure to a hysterectomy. 

To learn more, read the entire article.