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- Attending Physician
What does the patient want?Hypothetical question here:
Pt comes to ER with heavy vaginal bleeding and 8 wks pregnant. There is a heartbeat but it is falling, currently 115 bpm. OB wants to do a D&C. Do you do it?
Really? Interesting!Morals are internal to each individual. If your morals regard doing the case is "wrong," you should be able to abstain if you can find another anesthesiologist to cover the case.
If no other anesthesiologist is available and/or if it is an emergency, you should do the case regardless of your morals.
I agree with every word of that except calling her tiny baby 'products of conception'. It's dehumanizing! 😛I actually think this is a very straightforward case.
If the woman's life is in danger from the bleeding and the patient consents, of course you do the procedure. If you won't, you've got no business being an anesthesiologist or any other healthcare worker. What are we here for, if not to provide lifesaving treatment to dying people?
If the woman refuses the procedure for any reason, you don't do the procedure. Her reasoning is irrelevant. Informed adults can refuse lifesaving treatment and choose to die.
It only gets gray if you have reason to believe the bleeding is not serious (ie, you doubt the OB's diagnosis and prognosis) and in that case your moral obligation is the same as for any other proposed surgery for which you have reasonable doubt that the surgeon has the correct diagnosis or prognosis. The presence of ~8 week size products of conception here is just a red herring.
I'm not trying to be offensive (and I certainly wouldn't use that phrase when speaking to the patient!) but I chose to use those words here very deliberately. It is not a baby or a human being. An 8 week fetus is not viable; there is exactly ONE person here, the pregnant woman, and she is bleeding heavily and needs a surgical procedure.I agree with every word of that except calling her tiny baby 'products of conception'. It's dehumanizing! 😛
I wasn't trying to start a whole thing about it, hence the tongue out emoticon.I'm not trying to be offensive (and I certainly wouldn't use that phrase when speaking to the patient!) but I chose to use those words here very deliberately. It is not a baby or a human being. An 8 week fetus is not viable; there is exactly ONE person here, the pregnant woman, and she is bleeding heavily and needs a surgical procedure.
Any attempts to make this case revolve around a "tiny person" suggests that someone is more interested in politics or point-making than the urgent or emergent care of the actual patient, and that is wrong.
How about we rephrase it adding its 3pm and u are lowly W2 employee about to get out of hospital.Hypothetical question here:
Pt comes to ER with heavy vaginal bleeding and 8 wks pregnant. There is a heartbeat but it is falling, currently 115 bpm. OB wants to do a D&C. Do you do it?
How about we rephrase it adding its 3pm and u are lowly W2 employee about to get out of hospital.
If I were in this situation. I'd used my catholic religion and not do the case and go home.
This is how it's going to work with more people becoming W2. There are many subtle ways u can be a cog in the wheel as a W2.
Being a W2 employee doesn't exempt you from having to do work if you are under contract to provide a service. If it's after hours you might be entitled to OT pay for it, but it doesn't prevent you from having to work. If you choose to not do a case because of a moral issue you had better have that leeway in your contract or you are probably providing cause for firing (unless you live in a right to work state in which case it doesn't matter and you can be fired for no reason anyway).
Nope. It will be extremely difficult to fire someone who invokes religion.
I've seen it done time and time again.
It's not only a moral issue. U got the US constitution backing in. No group stands a chance in court trying to justify firing someone who invokes religious causes.
And many savvy employees now keep track of other members of groups who have bad outcomes to protect themselves in case their employer tries to terminate them. It becomes very messy.
Yeah I'm going to go ahead and disagree with you on that. I will guarantee you a court victory for the hospital if they fired a physician with a contract requiring them to provide services and the physician refused on religious grounds to offer life saving treatment to a patient in need. No leg to stand on. If they had religious issues with the services in the contract, those would've needed to be brought up before signing the contract. Can't let a patient potentially die because you didn't like the morals of the procedure and you were the only person around to help.
Now obviously if another qualified physician was there to take your place promptly it'd be a different story.
Then again in the many right to work states you can just be fired without a reason given even if it's really because of a religious issue and the employer cannot be sued. As an employer I love living in a right to work state. I don't have to have cause to fire anybody. In fact it's best I don't provide them a reason because then they can't sue me for that reason violating some right.

Let me know next time you don't like someone and fire them without cause. What most professional companies do is either let the contract expire and not renew or give them their 30-60-90 days notice.
Let you know when? It happens all the time. We've probably canned 10 people in the last 2 years without cause. Now we still give them a paycheck for another 1-2 months because we are nice and don't want to financially ruin them. But letting them go requires no special reason other than their services are no longer required. Giving somebody notice of 30 or 60 days isn't firing them for a reason, it's just giving them a heads up that they better start looking for another job.
In non right to work states you generally have to provide proof of why somebody was fired. Bad evals, criminal evidence, etc. Right to work means you don't have to provide any reason or proof.
Why even give them 30-60 days pay? U fire them without cause. U don't owe them a dime.
Let me know when you terminate the next guy or gal with no 30-60 day pay. There is a huge difference letting someone go immediately without cause and no pay than telling them "hey things aren't working out....you need to find another job but we'll still pay u 30-60 days". Unless it's written in the contract.
I've dealt with 8 offered contracts in Florida in the past 7 years. Each one of them has between a 30-90 day termination "without cause".
So you are telling me you sign people to contracts that doesn't have a "without cause" termination? And people don't read their contract? Something doesn't make sense.
If I were given a contract that specifies zero days notice without cause. I would not sign it. Or amend it so I would be offered the same zero day notice to leave group without cause as well. If it comes to that point both parties will probably agree it's not worth doing signing.
I don't even know where to begin. We are nice so we would never terminate somebody without paying them 1-2 months salary. It's just mean. But that's being given a reason or not for termination, not whether or not you get some pay beyond the firing. In a right to work state, it's that you don't need to supply them with a reason for the termination. In other states, you need to prove a reason and if you can't prove it they can sue you over it. In a right to work state, if they attempt to sue you for the termination it will be dismissed regardless of whether you pay them beyond the date of termination. At least that's how it works here and my understand that it is the same elsewhere.
Hell, our attorneys suggest we never provide a reason for a termination. If we give them a reason then they could challenge it. No reason means no challenge. Their contract contains standard language about requirements for the job and that they may be terminated if their employment is no longer needed or if they are unable to fulfill the requirements of the job. That's why right to work states are so attractive to employers.
That's why right to work states are so attractive to employers.
Anybody can sue anyone at anytime and for any reason. That's when the real negotiations begin.
We're not talking about highschool dropouts here. You can creatively lawyer up just about anything. Often the mere threat of a lawsuit is enough to get people to the table. And people will usually give something just to avoid the cost of getting the lawyers involved.
But, you want to talk stories, eh? I worked in an at-will state years ago while in college in an office with an admin who routinely showed up late, called her boyfriend in Italy on the company line, and took two hour lunches. Finally the boss had had enough and fired her one morning when she showed up after 11:00 AM hungover. Result? $10,000 out of court settlement to avoid a wrongful termination lawsuit. She had all kinds of sexual harassment allegations ready to come out of the woodworks, true or not.
In other words, don't be naive. You f*** with the wrong person, you're going to pay $10k just to get rid of them. And you'll think it's a bargain.
We require 2 weeks notice from the employee. It's a pretty standard contract in our area and I've never had someone that wanted a job back out because of contract language.
We are 0 for forever at being sued for firing somebody. It's far more expensive for an individual to hire an attorney to file a lawsuit than it is for a corporation to use lawyers that are already on retainer when the individual has no chance of winning.
I mean you get fired and you really can't win a lawsuit. Are you going to spend $5000 in legal fees trying to get an extra bone thrown your way when you probably can't win if it goes to trial? I mean it'd be a waste of your own money of which you don't have as much any more.
You'll be surprise how many people keep logs and spreadsheets of events at work to protect themselves.
I think there is some confusion between notice periods for terminating contracts and reasons for terminating contracts. Right to work states mean you don't need a reason to terminate a contract. It has nothing to do with a previously agreed upon notice period. In a non right to work state you often have to provide a reason for the termination and that reason can be disputed in a lawsuit.
There is no confusion.
You cannot terminate someone's contract even in a right to work state where the contract stipulates a notice period (2 weeks 30 days 60 days etc) where you can end the contract "without cause".
If you are a smart employer you put an expiration date on the contract (regardless of state). Contract ends regardless if it's a non right to work state; the contract has ended and employee cannot do anything about it.
Many places are moving towards yearly contracts with 60 day opt out periods. Solves many of the headaches.
Correct. And there is nothing required about a termination notice period in a contract. I've never suggested that breaking the wording of the contract was legal. No anesthesia practice anywhere near us has has language about a termination notice in their contract. Why would any employer be dumb enough to include such language? There isn't a shortage of prospective employees beating down the door looking for a job.
Right now over supply. Agree with you on that.
Depends. Some MDs (or any professional non MD, non healthcare) can get in way over their heads financially. They literally have less than 2-3 months of savings. Many of them have household expenses at least $10K a month.In some areas. Don't sign a sh*tty contract. That's the bottom line.
I've had friends make 500K for years and literally have no money for a rainy day because they spent it all (fast cars, big homes, nice vacations) you name it. Some people get desperate.
Hypothetical question here:
Pt comes to ER with heavy vaginal bleeding and 8 wks pregnant. There is a heartbeat but it is falling, currently 115 bpm. OB wants to do a D&C. Do you do it?
Let you know when? It happens all the time. We've probably canned 10 people in the last 2 years without cause. Now we still give them a paycheck for another 1-2 months because we are nice and don't want to financially ruin them. But letting them go requires no special reason other than their services are no longer required. Giving somebody notice of 30 or 60 days isn't firing them for a reason, it's just giving them a heads up that they better start looking for another job.
In non right to work states you generally have to provide proof of why somebody was fired. Bad evals, criminal evidence, etc. Right to work means you don't have to provide any reason or proof.
Back to the original post by Noyac.
If you are on call and you have a duty to respond you better do this case or find someone else who is willing to do it. Quickly. If something bad happens you won't be able to defend your decision in court. Even during a regular OB delivery you have only one patient in the room that is your responsibility and that is the mother.
Unless of course you want your name all over Huffpo and USA Today.
So, doctor, are you willing to bet that your assessment of the situation is more accurate than that of your OB (keeping in mind that the question of emergent necessity follows the standard of care of a prudent OB, not anesthesiologist. So, do you have that knowledge base to make such an assessment?
Are you talking (preaching) to me? I agree with you. Just clarifying because you quoted me.
Look, you refuse to do this case and you're just as bad as those bible-thumping idiots in some rural Kansas pharmacy who refuses to dispense the "morning after" pill to some young person who is terrified - for whatever reason - that she might have made a grave mistake the night before. I think God actually has a special place in hell for those judgmental jackoffs who jam their own beliefs down someone else's throat. And they should be fired on the spot if it is found out simply for not doing the job they were paid to do - dispense lawful medications. I don't think they can win that one in any court.
Hypothetical question here:
Pt comes to ER with heavy vaginal bleeding and 8 wks pregnant. There is a heartbeat but it is falling, currently 115 bpm. OB wants to do a D&C. Do you do it?
I'm not trying to be offensive (and I certainly wouldn't use that phrase when speaking to the patient!) but I chose to use those words here very deliberately. It is not a baby or a human being. An 8 week fetus is not viable; there is exactly ONE person here, the pregnant woman, and she is bleeding heavily and needs a surgical procedure.
Any attempts to make this case revolve around a "tiny person" suggests that someone is more interested in politics or point-making than the urgent or emergent care of the actual patient, and that is wrong.
Actually, it is a human being. (sic) Thankfully this is rarer than women electing to have abortions for non-life threatening reasons, which I wouldn't be involved in.
So is a fertilized zygote by that definition. Doesn't mean it's capable of sustaining life on its own.
And what does HER decision have to do with YOU? Part of being a doctor is separating your personal beliefs and the needs of the patient.