
The operation did not happen.
Everything was fine until I was handed the consent form. The last sentence waives my right to sue for anything that happens. I've never seen a waiver of liability this wide before.
I have a philosophical problem with the all of the risk being put onto the one person who can't do anything to lessen the risk while all of the potential parties who can lessen the risk are let off the hook. I talked to the surgeon [whom I really like and whom I have great respect for]. He told me there's nothing he can do about this provision, and that it's used everywhere in the Philippines.
So, right now I'm home and am about to begin checking into my alternatives.
I am not sure what to type, as I am unfamiliar (NOMB) with your age and finances.
Both my late parents had cataract operations in the 80s and 90s undertaken in
England, although they each had one eye done first and then the other a few
months later which minimised the impact of error. There were complications in
both instances, but it all worked out well in the end.
When I was in England, I paid for my mother-in-law and her sister to have
cataract operations done on both their eyes in the Philippines; that worked out fine.
I do not know what the surgeon was going to charge you, but there is a genuine
question of economic costs. From their perspective, there is the cost of doing
the operation and the cost of paying for insurance against possible legal claims.
Although as Americans are seen (not sure if this is true) as notoriously litiginious;
a busy surgeon may well decide that he does not need/wish to bother with the
administration of setting up a legal claims policy. I suppose you could consider
taking out an insurance policy yourself, but you'd end up paying a premium.
The fact is we have to put ourselves in the hands of others from time to time,
and the most we can do is (i) only do that when it is necessary (ii) after checking
up on any information as to official published success rates* and then (iii) trust them.
For example I have no idea what the liability of the pilot is to me if he crashes the
aeroplane, I take the philosophical view that it doesn't matter if we are all dead.
* These success rates are not always meaningful. For example some times the success
rates for the best surgeons appear worse than for the next grouping; because the best
surgeons are prepared to take on the operations where there are obvious complications,
which the rest of the profession may defer from doing and cautiously refer them to them.