Can a healthy adult be legally denied a sterilization because he/she is "too young to make this decision"?

Question

It may not be in the laws, but can a clinic or a hospital refuse to perform this procedure? On the basis that, although an adult and without medical complications, he/she is "too young to make such a permanent decision" and the doctor does not want him/her to regret not having children in the future?

If you know of cases where this has happened, could you please cite a source?

Answer 1

It is my understanding that a doctor can refuse to treat a patient unless it is an emergency such as an automobile accident and he is at the scene.  

I feel this would fall under having control over our own body as in abortions.  

Answer 2

Yes, it actually happens all the time w/ mothers.  After a baby is born, especially w/ very young mothers, many mom's request to have their tubes tied.  However, it is fully up to the doctors discretion as to whether or not they will do it.  Most doctors will say no way to anyone under 18 or even 21.  I don't have any specific examples, but my MIL is a neonatal nurse that works for free clinics.  Those docs get that request ALL the time.  Very rarely will they tie the tubes.  

Answer 3

I don't know but I would love to know your reason for asking. I hope it's a school project

Answer 4

Actually yes, most are PRIVATE Businesses, and they have right to refuse service. That is the same as any other private business. The only time they have to treat you is when it involves an emergency situation and they have to stabilize you. Really though they are only required to prevent you from dying in a private hospital. That also explains what happened to your body, your choice. I mean you could cut own p***s off if you were a guy and then go to an ER for the cut, they don't have to attach a new one for you they would just need to stop the flow of blood to save you from bleeding to death.  

Answer 5

My aunt had the same problem.  They would not let her get her tubes tied because she has not had any children...and she was even 45.

Answer 6

yes they do

do it

I wanted to get my tubes tied after I had my son they said i was too young and they usually wait for a woman to have at least two

children

my doctor kept refusing even after the two

i was finally "allowed" to get one when I was 27 with four children

I wonder the same thing what in the h**l happened to my body my choice

Answer 7

My health insurance and doctor would not do a tubal ligation on me when I was 18 years old. I had to wait until I was 21 years old.

It was a health risk if I got pregnant due to my medical conditions. If I were to have gotten pregnant in the mean time, it would be life-threatening for me...but it didn't matter to the insurance.

Some doctors require therapy appointments to make sure you are well-informed and ready for this type of a decision.

If doctor refuses to preform the surgery, the patient has the right to find a different doctor elsewhere.  

Answer 8

yeah, it is not uncommon for a doctor to refuse a patient this especially if they have no children

Answer 9

I know that years ago I heard of a case where they wouldn't do it until someone was 25 years old or had at least one child.  

Answer 10

little known fact :

an individual doctor, practicing office, or clinic can refuse to perform ANY procedure on ANY patient if they do not agree with it.

Sterilization is no exception.   And age isn't the factor -- it's typically, if they do or do not have kids.  I have a friend who is over 40 now who has oavarion problems that cause extreme discomfort -- she wanted them removed just to ease herself from the pain.  The DR's refused because she had no kids, even at her age. They said if she reached 45-50 and still felt the same way, then they would do the procedure for her, but they did not feel comfortable doing it because she may change her mind later --- and even though her disease causes her pain, it doesn't affect her fertility or ability to concieve, it's just a painful inconvenience, which she didn't want to deal with.  Because of all that -- because she could still get pregnant, and because she could still carry a child with no threat to herself or the baby even with this disease, they would not do it.  

Answer 11

I don't know that there are any laws preventing any type of sterilization procedure to be performed on a healthy adult. But it does come down to legal issues.

I would say most OBGYN's and other doctors are caring, and they do discourage youthful people from getting sterilized I'm sure in part because they believe that person may have change of mind, but it has more to do with avoiding law suites than any real concern the doctor has about someone changing their mind.

Someone might get fixed at age 20, try to have it reversed later, and if it doesn't work, file a law suite one or both doctors. Most I would think are unsuccessful, but even if a suite is brought unsuccessfully, it still costs the doctor money and time. Court costs, or having to pay higher malpractice insurance premiums which is causing health care premiums for the rest of us to rise.

This boils down to cold hard cash as most things do.

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Edit:

Doctor's refuse to perform procedures all the time.

I have one friend who's got a 6mm kidney stone. It's too large to pass, and constantly causes pain when ever he eats and at time partially blocks fluid from leaving the kidney. But since it's not life threatening, and he doesn't have insurance, not doctor will do a d**n thing accept give him pain meds!

And my mother has a herniated disk in her neck. It causes pain throughout her body and migraine headaches because of nerves being pinched.

She seen 4 surgeons and they all have the same answer; "Don't lift anything, but I won't do surgery."  She can't do her job because she can't lift anything too heavy.

And why won't they perform the surgery? Because the surgeries aren't always successful. They argue that the recovery time and possible complications, out weigh the possible benefits.

They could be right, but my mother, who knows the risks, should be given the chance to choose whether or not it's worth the risk.

I even read the other day that the U.S. Preventive Services Task Force, a panel of experts who guide national health care, have now recommended that men over the age of 75 should not even be tested for prostate cancer. Siting that the benefits of treatment to them are "small to none."

So medical procedures, optional or not, are constantly being denied to may people for any number of reasons.

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Edit:

How many people regret getting their wisdom teeth removed vs regret having their tubes tied or a vasectomy?

I bet not too many!

Getting your wisdom teeth removed because they are causing, or going to cause you problems and pain is very different from electing to be sterilized. They aren't really comparable.

If people started bringing law suites because they missed having their wisdom teeth, then I bet you'd see dentists become wary to remove them.

Answer 12

I was told no by my gynecologist when I was 26 with one daughter.  She said she would do a Mirena IUD which was just as effective at preventing pregnancy, but not permanent.  I went along with it after researching the effectiveness, and have had no problems.  I'm going to have a new one inserted after it wears off after 5 years.  They're a great option for women who have already had kids, but aren't recommended for women who have never had kids.  The only reason I didn't fight or find another gyno is I really didn't look forward to the surgical part of the procedure.  

It's my understanding gynos can refuse to do the tubal.  Eventually, I suppose you'd find one who would do the procedure.  I think it's good to give advice to patients, but on something like this, they have to make their own decision.  Do the gynos want to support all the unwanted kids?

I think sterility would be far preferable to abortion.

Answer 13

I dont believe so.

Check out my question.

http://ca.answers.yahoo.com/question/ind...

Answer 14

yes alot... some have to do with insurance if theres nothing wrong they won't pay for it.. sometimes the doc will think your to young.. my gf's daughter 22yrs old always on birth control on her 3 child she was on I.U.D last time nothing works for her the doc is gonna tie her tubes this time..  

Answer 15

They can't refuse that unless the kids under 18.

They can strongly try to convince you but they cant, can't, can't refuse.  

Answer 16

Absolutely.

A doctor fully has the legal right to refuse to perform ANY procedure unless he/she feels it is medically indicated or for other reasons.

You have the right to choose procedures done to you, as in no one can do something against your will.  That does not translate into Drs. are under an obligation to perform a procedure.

You almost make it sound like a clinic or doctor is Walmart, where you have the right to go in and order a medical procedure.  

The final determination on medical issues is the doctor.

edit

re the comment from Mordi...

I have no idea why she says this is a "little known fact".  I think it would be commonly known and understood.

Answer 17

My sister had 3 children , her last was at the tender at of 26 and the doctor still did not want to perform the operation because she was too young and now she is seriously considering having another!

Answer 18

hey, most doctors wont allow you to get a sterilisation until ur mid 30's, just literally because they think if u meet someone in the future and decide you want kids, even though you dont want them now then you will regret it

If there is a medical reason then it would be different.  

Answer 19

Yes and no.  If a person is a legal adult and there are no medical problems, he/she can get a sterilization if desired.

HOWEVER, no particular doctor or facility is obligated to do the procedure. It's up to the individual to find a provider wiling to perform the sterilization.

There are a lot of people around who seem to think working as a health care provider makes a person a slave who must do whatever a patient demands. That isn't so--at least not in America. It's a free country.

Answer 20

It's the doctor's prerogative, you can always find another doctor.  A doctor doesn't ever HAVE to do something that isn't medically necessary, and if it is they can refuse to do it themselves and refer you to someone who will.  Sure it's her body and her choice and her responsibility to find someone that will do it.  You can't MAKE a doctor give you an abortion either, that's why they have special clinics for that.

Answer 21

If there is no reason why it is medically necessary, the doctors have the right to refuse to perform the procedure. It happened to a woman in the UK (see source link).

Answer 22

An individual doctor can say that they won't do the procedure, yes.  That doesn't mean that that procedure won't be done, you just have to find someone else to help you do it.

Answer 23

Well-known fact that any doctor/clinic etc. can refuse to carry out a procedure if they wish, though all of them would do all they could in the event of an emergency. Fortunately they are not slaves forced to carry out your will. You'd have to find one that would do what you want.

Answer 24

depends what age u are and for what reason.there usualy is only one reason.....

Answer 25

A doctor can choose, in a non-emergent situation, to deny performing several types of procedures. Look at the cases where a pharmacist refuses to fill a birth control prescription. Because of personal beliefs they can make this choice based on our existing laws. There may be ramifications from the employer if there was a contract signed that they would comply with the wishes of the organization and they signed a contract to such effect, thus reprimand for non-compliance, but outside of that, nope.  

Answer 26

Yes, the doctor can make that call for himself.  If the adult wants to find another doctor who feels differently that's up to the patient.

A doctor is not bound to do any procedure you would like to have done.  It may seem the doctor is overstepping his bounds and telling you what to do with your body, but he is actually telling you what he won't do with his.  It's even hard to say that it is none of his business--because he knows he could get sued because he snipped an 18 year old who turned 23 and decided to blame the doctor for a bad decision (the doctor would win, but who wants to get sued?).  

The young person should take a little while to be sure about this decision--doctors don't refuse to do a proceedure lightly.  Also, the questioning that happens before a procedure like that gets asked of everyone--my mother was married twelve years and had three kids when she went to get her tubes tied, and the doctor was still asking 'what if you get divorced, will you want kids with your new husband?', and 'what if all your children died, would you want to try to have another child?'.  They want to make sure you made a decision you can live with before they do anything permanent to you.  It requires more careful thought than getting a tattoo.

Answer 27

I was denied getting sterilized after my second child. I was 24 when he was born and my gyno refused to do the procedure. He said most doctors wouldn't touch me unless I was 25 and had 3 kids. I tried contacting other doctors and got the same answer every time "NO, I was too young, to make such a permanent decision" Never did get it done.

Answer 28

Its cheaper to just buy condoms don't you think?