Legal Question in Medical Malpractice in California

My husband will be starting on interferon treatments for his liver.

Since we are married, his doctor refuses to start treatment since he fears the risk of pregnancy. Not only does the doctor want us to use "double prophylactics" (condom, birth control), he also wants ME to authorize and forward my personal medical history to his office.

I AM NOT A PATIENT OF THIS DOCTOR and I do not see the need to provide my medical records to him because he worries about a "possible, potential future" of liabilities of birth defects.

I have medical issues myself (1st stages of menopause) and the chances of conceiving are slim to none.

We offered to sign a waiver releasing this doctor from the liability if we were to conceive and have a baby born with birth defects, but he refused and insists on my medical records as well as taking a pregnancy test every few weeks before he proceeds with the treatment.

Although condoms will be used, we are of catholic faith and the church frowns on birth control.

My husband has been on this treatment before without complications.

In short, the doctor refuses a life-threatening treatment because he wants to be sure I don't become pregnant. We are also being singled out because we are married compared to other patients who have much greater health risks.

What are our legal rights?

Thank you,

K. Nolan


Asked on 1/24/12, 9:44 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Your husband has no 'right' to treatment by this doctor. If he wants the treatment, then he has to comply with the doctor's requirements, which by the way, are intended to protect the doctor from either of you suing him for causing 'birth defect' children. You don't have to provide what the doctor requires, but he doesn't have to provide treatment. Your choice.

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Answered on 1/25/12, 2:09 pm


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