Quite frankly, people put way too much faith in doctors and science in general. While we have come a long way since even the 60’s, we still have a lot more to go. We have all to often given God-like abilities to doctors, and that is wrong. Sorry to burst your bubble Dr. Manny.;) We must remember that the body is far more capable than we sometime give it credit for, hence one of the reason why doctors state the possibilities of risk. The other being for liability. The only reason they should be able to sue is if they could show the doctor didn’t actually perform the procedure. And that could be the cause. However we are an over litigious society, and when we don’t get perfection from those that we have elevated, we feel the need to sue. What a sad commentary on society.

If you read the article, you will see that the reason for the lawsuit was not simply that the Vasectomy failed; it was because the doctors and nurses and other health care providers told the couple that it was most likely that the wife had an affair that caused the pregnancy. If the chances of a failed vasectomy are that great, then the doctor/hospital should have stood ready and willing to help with a DNA test as soon as the baby was born; they should have offered to re-test the husband to see if the vasectomy had failed. Instead, they simply assumed (as so many medical professionals do) that they must be right; that they must have done the operation correctly; and that therefor the wife must have been having an affair. When doctors, nurses and health care providers admit they are human and may have made a mistake; then we will see a reduction in malpractice lawsuits. As long as they believe themselves always right and everyone else wrong; then lawsuits are the only way to get them to admit their mistakes.

A vasectomy is a simple procedure. It should always be 100% effective if done correctly. There are two tubes to cut and tie off. One for each gonad. Anyone performing this operation that does not do it correctly should be held accountable. Anyone performing a vasectomy should have the proper training. To many people in the medical profession want to have lawsuit immunity for their mistakes. To many Doctors who make mistakes constantly are still practicing. That should be stopped. The patient is the important person in this equation. The Doctor is not.

AMEN! I completely agree! I believe in order for someone to assume sterility, you should AT LEAST have 2 semen specimens checked and found to be without sperm. These people who are jumping on every opportunity to file a lawsuit when things don’t go as expected are definitely making things difficult for all of us. The cost of healthcare will definitely continue to increase and not to pay the physician more money, but to cover their malpractice insurance and legal fees. This country has every many choices when it comes to healthcare, but many fail to realize the opportunities available to them. The reality of healthcare is that it is a PRACTICE. Unfortunately every person doesn’t respond the same to the exact same treatment and there’s no way to predict what will work best for each person. It’s just not possible and that is why we rely on the physicians to decide what they think is best for us. But you can take responsibility for yourself and do the research on your medical treatments, medications, surgeries, etc. Ask questions! There is nothing wrong with that! I’m very concerned with what healthcare will become for us in the future when the fear of being sued stands in the way of available medical treatments for Americans.

I’m not so sure the issue at hand is so much that the vasectomy failed, as it was the implication (accusation really) that the wife was being unfaithful. Rather than saying, “OK, it’s possible the vasectomy didn’t take Ms. Hill, and we will look into that with you,” the couple in question got more like, “Well, it’s not out fault. We did our job. She must be cheating on you.” Most of the time I agree people in our country are far too litigeous, in this case I can see the couple’s point. An unwanted pregnancy is hard, harder after you’ve taken what you’d thought was strong measures to stop it, then you’re accused of infidelity, and finally you lose the baby you never wanted in the first place, possibly over the stress of it all. That kind of guilt and stress leads to all kinds of mental issues.

I read a news report on this, and as I understood it, they are suing not just for the failed procedure, but because the Dr or hospital(which ever) asserted that the wife MUST have had an extramarital affair, and that was how she bacame pregnant, since her husband had undergone the surgery and was sterile. And the stress of being falsly accused of having an affair and becoming pregnant from an affair was one of the contributing factors to her miscarriage, according to the article I read.

It was proven that her husband was 99.999% positively the father of the miscarried child, so any comments about the wife having been unfaithful were in no way warranted and in all honesty, should never have even been mentioned by any health professional. They themselves KNOW that those procedures aren’t always 100% successful, so I find it strange that any Dr or medical center would even suggest that it was the wifes “fault.”

Thats just one womans opinion though.

How about a vasectomy that fails after 7 years? Seven years after my husband had the procedure, he was involved in an accident in which he was hit from behind by a car trying to get through a yellow light. Four months later, I got pregnant. We found out that the vasectomy was not done properly and the accident had caused the tubes to reattach. We talked to a lawyer about suing the doctor, but were told that unless the baby was born with disabilities or died, or I died, we didn’t have a case. I was in a high-risk pregnancy. I delivered a healthy baby boy by emergency C-section, who is now the father of one of our 7 grandchildren. We did not sue. My husband got the procedure done again from another doctor and while I was having the C-section, I told the surgeon to tie my tubes. Because of my high-risk during pregnancy, I could not risk another one. We are not sorry about the decision to not sue. Our youngest son has always been a joy and I think that suing the doctor would have somehow tainted the relationship we have with him. And any money we would have received would not have been worth it.

Dr. Alvarez, the article I read indicated that the couple planned to sue in large part because of statements made by medical professionals accusing the wife of infidelity which (understandably) placed great strain on their marriage relationship. Perhaps if these so-called professionals had stuck to medicine, and trying to determine what went wrong, instead of going to social commentary, there wouldn’t be a lawsuit.

How RIDICULOUS!!!! Yet another reason why health care costs are skyrocketing and why health insurance costs so MUCH!!! Stop the INSANE Lawsuits!!!!!!!! Kill the Lawyers!

How RIDICULOUS!! This is yet another reason why health care costs are skyrocketing and why health insurance costs so much! Stop the INSANE lawsuits!!!

I had a vasectomy at the birth of my 4th child. I was “cleared” after many samples as I was told I no longer needed any other birth control. 8 years later, my wife gets pregnant. I was told the tubes re-attached! I no longer carried maternity coverage because I had been permantly fixed. At my wife’s age, the birth was high risk. Luckily, our son was born perfectly normal.
Even so, the stress emotionally, physically and financially has been incredible. My doctor says he did his job. After looking at all options, I decided to have it done again. Even though I have been “cleared” again, I worry about it. I asked the doctor about the failure. He declared it happens…. but it was not his responsibility.
Should I sue… I don’t know. Is the doctor responsible….

Addressing only a vasectomy, even if the procedure is done correctly and the vas deferens reattach, this is no one’s fault. It’s the result of the body doing what it’s supposed to do; heal itself.

I totally agree with you. It seems there are those people that automatically jump to conclusions about whatever it may be and immediately dollar signs go off in their head. Most of us would consider that “misfortune” a miracle and realize that God wanted them to have that baby whether they wanted to or not. There is nothing sure except abstinance and they aren’t going to practice that as a married couple.

Had the vas after our 2nd child, then had the follow up and within a years time my wife was pregnant again. Being totally strapped for cash at the time, shock and depression over the full cost of another child is indescribable. Infidelity is only joked about but with one look at the crazy guy I allowed to do the snip you’d know that I was an idiot for letting him between my legs. He refunded the minor cost of the surgery but would’nt help with college costs. Go figure.

Of course it all worked out and I now have a 6′5″ 16y/o son who is the pride of my life. Yeah I traded off the finances for a brand new fully loaded 40′ sailboat in paradise but in retrospect I can’t imagine it any other way.

In a true ironic twist I work as a successful retirement community Foundation Director where the now retired vas Dr will soon be living. So I get to see him every day. Oh the joy:p

Joe, I completely agree with you. It is a known fact that for some patients, the “tubes to each gonad” can be cut and then grow back together again. This has nothing to do with the physician’s skill.

The other issues of this case are unacceptable and those involved with the unfair accusations of infidelity should be held accountable. But all patients need to understand the risks of any procedure that they undergo and be willing to accept the “chance” that they may not have the perfect outcome. If surgeons were sued every single time a vasectomy failed, surgeons would stop performing them. The very small percentage of those harmed would effectively eliminate an option for millions of men simply because they could not accept a known risk. Every credible, decent surgeon will make the patient sign an informed consent form, which details the risks of the procedue. Don’t sign the form if you are not willing to take the risks plainly explained to you (and required by law).

The doctors and other people involved caused this family mental stress and physical. They could have avoided this lawsuit if they had not accused the mother of having an affair. They fetus was tested and was 99.99% positively the husbands child. The WIFE DID NOT HAVE AN AFFAIR.
Putting myself in this families shoes I would do the same thing that they are doing. Instead of admitting or checking to see if the vasectomy worked or was still working. The decided to judge and convict this poor woman of adultry. Preganancy is hard on some women and it is definately hard when you have induced stress from your medical care provider and doctor the person who is supposed to look out for your health. When did it become okay for our doctors to assume. IT WAS THEIR JOB TO LOOK OUT FOR THE WELL BEING OF THIS PREGNANT LADY…THEY SHOULD HAVE TESTED THE HUSBAND TO BE SURE THAT THE VASECTOMY WAS STILL EFFECTIVE…not to accuse her of something that she did not do.

Dr. Manni why didn’t you include that the doctors suggested that she had an affair in this blog?

Here is the news story from your website: “The lawsuit claimed that Dr. Michael F. McGehee, employees of Mercy Health System of Northwest Arkansas and others caused Mindy Hill physical and emotional distress during her pregnancy by suggesting that she had been unfaithful to her husband and by insisting that he most likely wasn’t the father because he had been sterilized.

The lawsuit says the defendants’ actions put stress on the marriage and Mindy Hill suffered a miscarriage in February 2007. The suit said a paternity test revealed a 99.999 percent chance that her husband, Brady Hill, was the father.

The Rogers couple also name as defendants Northwest Health System of Arkansas, Garrett Goss Clinic and John Does 1 through 45.”

As for KARI D: LAWYERS DO NOT DESERVED TO BE KILLED. WHO MADE YOU JUDGE OF LIFE? You need mental help!

It’s been 10 years for my husband and if I got pregnant now, I’d be pretty surprised, and he’d probably be suspicious since his ex wasn’t exactly faithful. But we’ve discussed what we’d do and he’d stand with me till the paternity test came back. Since I would be the one demanding it. If God wants it to happen, who are we to sue e mere doctor? Even if it was military and we can’t, we wouldn’t anyway.

I think you are missing the point on this one. Part of the resaon for the suit is defamation. Those same “medical professionals” who botched the vasectomy also took it upon themselves to make some pretty harsh judgements about this couple. If there is a chance the procedure doesn’t work then the medical staff should have known that and not jumped to the conclusion that she was sleeping around and cheating on her husband. No marriage needs that kind of baggage piled on and once the gossip mill gets started the questions surrounding her behavior don’t go away. What ever happened to patient confidentiality and professionalism? I don’t think that is too much to ask from people you are trusting with your health and well-being to. They are getting sued for being nosy, trash talking, gossip mongers.

Of course we never get the full story when these things hit the press. Was the couple properly counseled (and told that there is an approximately 0.5% chance of the tubes rejoining)? Did they, as Dr. Manny has said many do, consider 0.5% to be equal to ‘no risk’? What about the patient responsibility (often not discussed in these types of articles) – many patients want all the benefits of the best medical care available but either don’t want to pay for it and/or don’t want to assume any responsibility for ensuring that the treatment is successful. Did the gentleman follow-up for semen analysis at the proscribed time after the procedure – many men don’t (what a surprise, right women? Hard enough getting these tough guys in to have a vasectomy despite the fact that it is significantly less risky than a woman getting her tubes tied.) And finally, there are no 100% treatments or procedures (and I would also submit to jim that there is no such thing as a ’simple’ procedure – they all have the potential to develop complications or outright fail). As someone who has done more vasectomies than I can count, I was wondering how many you have done, jim?

Let’s put it this way, if the Government wants to save the healthcare system that we have in this country, it is not by having the government raise taxes or spend more money to “fix it”. The government should pass laws that Limit the SENSELESS lawsuits that force excessive liability insurance premiums for hospitals, doctors, and nurses, and that cause insurance companies to have to make outrageously high payments in settlements to “wronged” parties. Get a traffic ticket and check your mail for the next two weeks, you’ll find at least 6 “advertisements” for legal services to get you “out of trouble.” Watch the TV, Lawyers are on all the time to “help you get what you deserve” in medical malpractice suits. Frivolous lawsuits jam the court systems, excessive damages force higher costs all around in health care…and the ONLY WINNERS in any of this are the LAWYERS. I need Mental Help??? Get real. I’m tired of paying HIGH taxes, and ridiculous medical bills and health insurance premiums simply because there is ALWAYS a LAWYER around to “sue” on your behalf! I’m tired of politicians pandering that they are going to fix healthcare for our country…without realizing what the REAL problem is…RIDICULOUS LAWSUITS for “unspecified” or multi-million $$ damages.

Dr Manny, have you ever sat and watched a loved one in a Comma as the result of a doctor making a mistake during surgery? I don’t think so, then who are you to critize this couple for filing a law suit against this doctor. Get real someone has to be held accountable and in this case the doctor who performed the procedure.

I agree that all medical procedures have risk, and yes all types of sterilization have failure rates. However, I think, as I read the article, that the couples main complaint wasn’t the pregnancy, but the fact that she was accused of cheating by medical staff, and all of the emotional distress that went with that. I believe they are contending that she miscarried because of the stress of the reactions and communications with staff that treated her.

I wish that her story was less common, but many women I know whose husbands have had vasectomies have faced the same allegations. The stress of knowing you were faithful, and yet not being able to prove it is so difficult for some women to deal with that they do miscarry. If the doctors and nurses had treated this couple with sensitivity and consideration, instead of accusations, they probably would have never sued.

The issue is not tort reform but for all to put aside excuses and show up when called to sit on a jury. The right idea is not to restrict or deny a person their day in court (could be you or someone you love one day) but to have faith in the jury system that allows each case to be heard and decided by a jury based on it’s own merits. Restricting access to the courts is not a decision that should be taken lightly and clearly should not be based on headlines and the spin of well financed self interest groups.

There is no blanket answer that can come from legislation. The AMA has proven grossly unable to police it’s own ranks and remains focused on protecting it’s members financial interest. The only viable recourse that remains for injured parties is the court system. A large verdict makes a doctor uninsurable which puts him/her out of practice. This protects us all. Malpractice awards should be public record so that persons can make informed decisions. Anyone know why the AMA restricts the number of medical school seats? Supply and demand sound right? Keep the supply low, demand high and prices stay high. Tort reform is nothing more than hype with the clear design of protecting their pocket and avoiding responsibility when they make a mistake.

If you were injured in a medical procedure who would you want to decide if the doctor made a mistake and if so, how much compensation you were entitled to? A jury of your peers, a panel of medical professionals or perhaps you won’t get the choice because in an uniformed stuper you allowed the legislature to prohibit access to the courts.

Some years ago a dedicated vasovasostomy (fix-’em-back-up) site did sperm counts on all who came in wantinng to be fertile again. Over 10% had some wigglers in the pre-op specimen, so might be considered vasectomy failures waiting to grab the brass ring. I had a special counseling/permit/operative/postoperative form in 3 copies. The risks were in PLAIN ENGLISH. Each vas was divided and a section sent to pathology. The remaining 4 ends were clipped with metallic clips and the tips fried. The form had the post operative instructions with spaces for the results of the TWO sperm counts, both to be done not after a fixed time but after 20 ejaculations. Then, IF both sperm counts were zero, zip, nada then unprotected coitus was allowed. The patients signed for a copy of the form. Sure enough a fellow came back with a pregnant wife, but no followup counts had been done. Path proved both vasa were taken; an X-ray showed the clips on both sides (not two on one side). Some spem were found on the specimen then done. As per the PLAIN ENGLISH LIMITED WARRANTY, I offered another, free vasectomy. All he had to do was follow the instructions, and though he would have had another vasectomy, he would not have had the worry and strife. No, he never came back. If they demanded a 100% guarantee of sterility, I offered a more extensive procedure with which your pet, gelding, ox, capon, etc. might be familiar. No one opted for this (surprise, surprise). The vasectomy failure rate is a lot better than that of lawyers, who run 50% flops (one side always loses), yet the public always wants perfection.

What paternity test? The lady miscarried. Was fetal tissue preserved for DNA studies? Was a sperm specimen taken from the husband in a way to prevent faking the specimen? No. Even a fertile sperm specimen would not prove paternity.
The risks of vasal recanalization, a rudimentary 3rd vas, or pockets of sperm late in leaving the seminal vesicles are more than 0.5%. A St. Louis specialty clinic, dedicated to making post vasectomy men again fertile, did a study on their pre-op patient applicants. Over 10% had at least some sperm jauntily paddling down the path.
Every operation, as in any business operation, has to be priced to cover the risks. If a single failure is paid, say $3,000,000 and the vasectomy is priced at $300 in the office, then 10,000 vasectomies have to be done to cover the true costs. You can fiddle with the numbers, but the fact remains that some will fail. If a 100% success rate is demanded, then complete orchiectomy followed by a milking machine till ALL sperm are gone would be needed.

Most people would want to double check to make sure it really took, unless of course they did, and had dollar sign in their eyes, instead of love…

I want to say that it is very sad that this happened to the man and his wife. As it has been said numerous times, there are risks with any procedure. Not health care profession had the right to accuse the wife of infidelity, but we also have to realize that we were not there and therefore we do not know exactly what was said and in what context. To say to them: there several factors for which your wife would be pregnant, and then to give them these different factors and for one of the factors to be that he is not the father, well I dont see a problem with that. But to say, well I guess your wife is cheating on you is crossing the line. And even though you say a DNA test revealed that the husband is the father, doesnt prove that there was no infidelity, it just proves that he is the father of the child, and this is true in any situation. I am not saying she was cheating just giving facts