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Surgeon breached patient’s rights by removing fallopian tube without informed consent

Surgery news
Stock photo.

The Health and Disability Commission (HDC) has found that a woman’s rights were violated when her right fallopian tube was removed without her informed consent during a surgery in February 2019.

The woman, referred to as Ms. B, had consented in writing to the removal of her left ovary and left fallopian tube. However, the surgeon, Dr. A, made the decision to also remove the right fallopian tube due to a perceived cancer risk, discussing this with the woman only moments before the surgery while she was under stress.

Ms. B was unaware of the right fallopian tube’s removal until a year later, when an ultrasound technician informed her during a scan. Her GP later confirmed the removal of both fallopian tubes and the left ovary.

Deputy Health and Disability Commissioner Dr. Vanessa Caldwell criticised the surgeon for not fully explaining the risks, benefits, and options surrounding the additional procedure, particularly its impact on the woman’s fertility.

Caldwell also highlighted that the written consent form was not updated to reflect the surgical change, and a surgical safety checklist was not followed, pointing to systemic issues within Health NZ.

The report recommended that Dr. A issue a formal apology to the woman and complete educational modules on informed consent. Additionally, Health NZ was advised to audit its informed consent practices for compliance.

Image credit: Hush Naidoo Jade Photography

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