Man with sterile spouse wants vasectomy: legal implications.

QUESTION: A middle-aged man whose wife has undergone a hysterectomy wants to have a vasectomy. His obvious intent is to engage in extramarital relations without fear of causing a pregnancy. May I perform a vasectomy on this man without his wife's permission or knowledge and consider myself not vulnerable to suit by the wife? Since she is sterile, she could not claim she was deprived of having further children. What is your consultant's opinion?

ANSWER: This question is one that has not been litigated thus far. Since there may be serious legal implications, a physician confronted with this problem should seek legal advice from his own attorney. It is not part of the legal obligation imposed on a physician that he police the sexual morality of his patients. On the other hand, he has no obligation to perform a procedure for which there is no medical necessity merely because the patient requests it. There is no rule of law that states that one spouse can prevent the other from receiving medical care that is desired. There also does not appear to be any legal rule that states that one spouse must always be informed of medical care received by the other. Nevertheless, spouses do have certain mutual interests in each other. Interference with these interests might provide a basis for liability. A wife might well sue a physician under these circumstances. Whether the suit would be successful cannot be conclusively determined.