Crimes of omission, battery and mayhem are occurring in women’s health care…
Tubal Ligation, Essure, and Filshie Clips… The Transgressions of Female Sterilization
Sterilized women who suffered “untold side effects” urged to report/file criminal complaints (see below).
by, Susan Bucher, BSN
When information is withheld and omissions occur consent is NOT given. When consent is not given, BATTERY occurs. ~ Susan Bucher, BSN
All forms of female sterilization (tubal ligation, Essure, filshie clips, etc…) are known to cause post sterilization syndrome aka post tubal ligation syndrome (PTLS). All forms of female sterilization carries the risk of physical, sexual and hormonal mayhem (late sequelae) which women and the public are not informed of despite the medical community being fully aware of the risks and having data. Key information which is omitted and withheld by OBGYN physicians pertaining to sterilization includes increased risk for hysterectomy and the risk of female castration (loss of ovarian function which can lead to hormonal imbalance and “hormone shock”).
NO ONE is informed. Women are NOT protected.
Until law is created to protect women that ensures all the known and possible risks of female sterilization is disclosed at the time of consent, ALL women who are sterilized are (and will be) a victim of battery. ~ S. Bucher
The photo’s shown here are from my personal case. I underwent a tubal ligation on 08.24.1995 and a 2nd surgery on 07.21.1998 in order to gather evidence (a biopsy from each ovary) for the Illinois Court. I was not informed of the risk of ovarian isolation, hormone imbalance or castration with tubal ligation… NO ONE IS INFORMED. I became a victim of battery and mayhem at the time of my tubal ligation. More abuses, cover-up, and obstruction of justice occurred at the time of my 2nd surgery. I was not protected. Women are not protected.
Doctors have a duty to inform women of pertinent risks and side effects prior to performing any type of sterilization. Providing information pertaining to risks and side effects is paramount in the decision making process of consent.
The action of “omission” (withholding information) by women’s health care providers is a “breach of the duty of disclosure” and is a type of force (false imprisonment) used to persuade women to make the decision the doctors want them to make. The action of omission and withholding information is abuse and fraud (criminal deception intended to result in financial or personal gain) which invalidates consent and results in battery.
When information is withheld and omissions occur consent is NOT given. When consent is not given, BATTERY occurs.
Primary financial gains occur at the time of the sterilization, and secondary gains occur when women return complaining of a change in their health.
The ACOG and their OBGYN members know that when tubal ligation surgeries and ESSURE sterilizations are performed that many of the women will be returning for second and third surgeries such as ablations, D&C’s (dilation and curettage) and hysterectomies because of side effects from the sterilization. The very same organization/obgyn doctors that withheld the information and profited by doing so then go on to profit again from the original consumer fraud. Women are not informed at the time of their sterilization that the surgery or Essure device could create such conditions that would necessitate such treatments. Women are told at the time of these second and third surgical procedures that their sterilization had in no way caused their health condition that necessitated such radical procedures. This creates a cycle of abuse governed by a unique code of silence.
I consider withholding information from women about negative side effects of female sterilization a misogynistic and barbaric practice. It’s as barbaric as female genital mutilation (FGM) as both relate directly to battery.
In the United States, batteries relating to female sterilization occur covertly and in secret behind closed doors in doctors examining rooms and in hospital operation rooms.
These batteries do not leave outwardly signs of broken bones, bruises, and mayhem to the face and body that husbands and the public can view, but is all internal which adds to the surreptitiousness of the abuse, batteries, and harm”. ~ Susan Bucher, BSN
Medical Assault, the tort of Battery and Mayhem
The key elements of battery are:
- Intent (not criminal intent to cause injury, necessarily, but intent to commit the act)
- Contact (non-consensual contact)
- Harm/Damages (the battery caused injuries, not limited to just physical harm)
Regarding female sexual organs, a physician who fails to obtain consent prior to performing a procedure will be subject to a medical battery/mayhem claim.
Informed consent begins with consideration of the tort of battery. Battery consists of the non-consensual contact. The contact need not result in bodily harm; the intended contact itself is the harm.
1. Assault occurs with the crimes of omission (what is NOT disclosed or said to the patient). This assault, (withholding information) invalidates consent.
2. With no consent battery occurs the moment the surgery or procedure begins.
3. Mayhem occurs the moment a body part is altered, removed or rendered useless.
With tubal ligation and salpingectomy battery occurs the moment the surgery begins. Mayhem occurs when the fallopian tube and blood supplies are cut, burned, altered, destroyed or removed. Secondary mayhem occurs when the outcome leads to pain, dysfunctional bleeding (DUB), hysterectomy, salpingectomy, ovarian isolation (female castration), hormonal imbalance and other illnesses.
When medical devices are used for the propose of sterilization (Essure, filshie clips, etc..) battery occurs the moment the surgery beings. Mayhem occurs with the placement with the device. Secondary mayhem occurs when the outcome leads to MDM, pain, DUB, hysterectomy, salpingectomy, hormonal imbalance, ovarian isolation, post implant syndrome, allergies, autoimmune syndrome and other illnesses.
Sterilized women who suffered “untold side effects” are urged to take ACTION and file criminal actions…
Vikki Hufnagel, MD, an OBGYN surgeon and whistle-blower explains, “Historically civil law (in the way of medical malpractice suits, etc.) and creating informed consent laws has NOT caused change nor provided women protection from the batteries and mayhem (battery with malicious intent) which are routinely committed upon them by unethical doctors. In the civil court system, crimes of mayhem are buried and hidden by both the court and the press. After civil suits (which most often are settled out of court) the perpetrators then go on to repeat their actions and crimes of mayhem. These crimes of omission, non-consent, battery(s) and MDM go far beyond negligence and malpractice.”
“The perpetrators of these crimes exhibit extreme indifference to the physical or psychological well being of their victims. These actions directly relate to the crime of mayhem and disablement as doctors know what the physical and hormonal risks and outcomes can be yet with intent withhold information (which invalidates consent) and proceed with their actions in order to profit and to obtain unjust enrichment. The harm and trail of devastation these doctors have left with their fraud, omissions, and MDMs can only be compared to the holocaust.” ~ VGH
Filing Criminal Charges:
There is a movement to shift these cases from the civil courts to the criminal courts in order to produce change and for the protection of all females.
Activists urge women who have been sterilized and who are victims of non-consent and omissions to report these crimes to their local police and authorities (medical boards, states attorneys) as that of a violent crime/battery/mayhem having occurred.
Filing a police report can be done in the district in which the victim lives, in the district which the event occurred, or both.
Filing a police report that you or a loved one have been a victim of mayhem and battery (regardless of where the battery occurred) is your right to do so. Be aware that filing a police report that a crime has occurred is not the same as suing a doctor for malpractice. Filing a police report utilizes criminal law while malpractice utilizes civil law. These are 2 different systems. Both systems discipline the perpetrator and orders restitution (payment) but in different ways. Restitution in civil law comes in the way of a payment to the victim for harm (such as pain and suffering) caused by the offender’s wrongful acts (generally paid by an insurance company). The doctor who performed the action, while may have been sued, in reality does not suffer any type of punishment.
Criminal law actions focus on punishment and restitution (requiring the defendant to make monetary amends, or perform some act that benefits the victim of the crime, or the public in general). Victims who receive restitution through the criminal legal system are not precluded from filing civil suits and proving damages for greater amounts (a victim can both sue a doctor was well as file criminal charges), however a victim cannot receive compensation twice for the same losses.
Women have a right to be protected and a right to report to the authorities when a crime has been committed.
When mayhem and battery occur in the medical setting many believe the criminal law system is the more appropriate law system to report and file charges.
Filing a Police Report
When filing a police report it is suggested that women write their statement to present to the police and bring a friend for support and witness to the action of reporting the event and crime. If possible bring with you someone from your local news media (a news reporter) to witness the report being made. As a courtesy to your local police, it is suggested that you call in advance to make an appointment when making a complaint of this nature.
Historically, those working in criminal law (police officers) have steered women away from filing criminal reports and towards malpractice lawyers and the civil law system when a crime is reported that involves a “doctor”. Do not be surprised if this happens when you go to file your report. Hold fast and stand your ground. Doctors are not precluded from the law. Ask if there is another detective available to speak with or ask to speak with their superior. Everyone you speak with, obtain their name, title, and document the date/time and what was said.
As a victim of mayhem and battery it’s your civil right to be able to make a police report detailing the crimes and batteries which you’ve been a victim of. It is not for the police to decide if what occurred in your case was that of a criminal nature or that of a civil nature. They are not lawyers and they are not judges. Their job and role is to take your report and protect members of the community from harm.