I speak English as a second language. I went to hospital to give birth to my second child with my husband acting as my interpreter. Unknown to me my husband gave permission to the doctors to complete a hysterectomy on me while completing a C-section to deliver my baby as he did not wish for us to have any more children. As my language skills were poor I trusted my husband and signed everything he gave me. I had no idea what had occurred until a few weeks after my discharge from hospital when a doctor who spoke my language asked why I had chosen to have a hysterectomy when I had spoken of wanting many children in the past. I have suffered extreme depression in the aftermath of this incident. I have divorced my husband and have contemplated suicide. Can I sue the hospital for not doing more to ensure I was consenting to the procedure?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Shamaila Khan, Kingsville 3012 VIC
- In my view yes. Given the complex and irreversible nature of the procedure and the fact that undergoing the procedure will have a significant impact on your life the hospital should have provided an independent interpreter to ensure your full and informed consent to the procedure.
- You should speak to a lawyer regarding your options.