Women, as well as men, are socialized to believe that the ethics and expertise of the medical community ensure competent behavior on the part of physicians. This belief, however, is misguided; the evidence indicates that women's health care is grossly inadequate and in dire need of effective external control and regulation. The power necessary for such regulation may be found in the judiciary. Several courses are available to the legal practitioner when faced with claims of medical misconduct. But because profit motivation dominates the health field, the reality of malpractice suits and their accompanying awards may act as an effective means to monitor physician behavior. Although the medical abuses inflicted upon women are many, this Comment will deal specifically with unnecessary hysterectomies and the various tort actions available to the patient.
Unnecessary Hysterectomy: The Lack of Informed Consent, 13 Golden Gate U. L. Rev.