Might want to review the case law in this state regarding this matter. Once a pregnancy reaches a certain time frame (weeks) they are considered to be individuals. I believe this time frame may be around 30-32 weeks. Usually they use the standard if the baby could be removed from the mother and reasonably sustain life (with help of medicine) they are considered to be individuals.
I handled auto claims for 15 years and this was the threshold we had to use in handling injury claims. I have been out of the business for about 5 years so the exact time frame is unclear. Also, due to the time of the pregnancy, ABORTION is not an option. Most states would consider this murder.
Almost makes me wish I were a doctor so I could review the facts with some hope of coming to a reasonable conclusion. The initial reading for me sounds like sympathetic jury and someone just won the litigation lottery. Tragic stuff though.
I wonder why there was 6 to 8 hours of delay when the baby was in distress. Also, it sounds as though the baby was delivered vaginally (forceps)in stead of C-Section. I don’t think we have been given the entire story here.
You never are given the whole story. Any mistakes doctors make are kept secret, and the patients aren’t told. Doctors are great at surgery but they don’t know much about how to deliver a baby. In fact most of the time a doctor does something during delivery it makes things worse, such as breaking the water, giving drugs to speed up the delivery and needless cesareans (25% of all births are cesarean now). Women who get induced are commonly scheduled to be induced at midnight for no other reason than to allow the doctor to come in at 8am in the next morning to deliver the baby. We give doctors too much authority and they are rarely if ever questioned. Whenever you have someone who has ‘unquestioned’ authority they will invariably abuse that authority. Just like you should question what professor tells you in college, question what the media prints, and question on occasion the conduct of the police, you should also question what your doctors says and verify based on your own research.
I say let’s see how many “defects” deformaties and deaths occur during deliver without the presence of a Doctor… Yes there are risks with any pregancy, yes there are “errors” in judgement (basically, isn’t that what makes us human?) and yes there are going to be serious consequences. I’m tired of everyone blaming the doctors for the outcome of much of these posts – Let’s have all of the OBGyn’s quit doing deliveries and see what happens then.
I had a very risky delivery – after 8 hours and because my DR didn’t believe in forecepts, went the C-Section route – with a paralizing epidural, nicked spinal column and complications – but I never once thought of a lawsuit…
Where we would we be without Dr’s ? They’re not perfect – I’d like to see anyone say they were –
If I had my choice between a DR and a LAWYER – there’s no question who I would choose – The men and women who dedicate themselves to do what they can to make things right and attempt to keep us ticking know that every waking hour they are assuming “risk” – We should do the same – Life is a risk..
I just had a relative give birth and they induced her to the point that she gave birth HOURS earlier than anyone expected. She was in labor ONLY three and half hours and expected to go 18. Just twenty minutes more and my aunt would have been delivering the baby. Thank God her doctor hadn’t gone to lunch like she had planned. My cousin was centimeter dilated and an hour and a half later, fully dilated. Yes, question EVERYTHING. It’s the closest a woman comes to death without dying and you had better check every angle.
I feel so sorry for this family. It will take a few million just for the care alone. “Healthy” babies already can put a strain on budgets and this family did not deserve this. On the other hand I feel sorry for OBGYNS. They have alot on them but then too more needs to be done to make sure that nothing goes wrong. Just because every delivery is supposedly different does not mean that you make a God-complex call.
Agree with wa. Coupled with the comments this woman had some issues prior to the delivery, lastbat may be on point with a sympathy verdict. Faced with lifetime care for tragic cases…..the issue always becomes “who is going to pay”. The sad part is what quality of life is all this money going to buy? Doesn’t sound like much but our society isn’t ready to face any alternatives. Considering skyrocketing costs, I believe there will come a time when hard decisions will have to made about how much care will be allocated to persons with no hope for any quality of life. That’s frightening.
We always hear about the “bad” stories of doctors and surgeries gone wrong, and many people are quick to jump on the “doctors have a god complex” bandwagon. But for every “bad” story, there are thousands of “happy ending” stories that you never hear about. Think about that the next time you want to bash doctors. Chances are, you know of someone who is alive today due to the miraculous work of a doctor.
We have updated our privacy policy to be more clear and meet the new requirements of the GDPR. By continuing to use our site, you accept our revised Privacy Policy.
Might want to review the case law in this state regarding this matter. Once a pregnancy reaches a certain time frame (weeks) they are considered to be individuals. I believe this time frame may be around 30-32 weeks. Usually they use the standard if the baby could be removed from the mother and reasonably sustain life (with help of medicine) they are considered to be individuals.
I handled auto claims for 15 years and this was the threshold we had to use in handling injury claims. I have been out of the business for about 5 years so the exact time frame is unclear. Also, due to the time of the pregnancy, ABORTION is not an option. Most states would consider this murder.
Almost makes me wish I were a doctor so I could review the facts with some hope of coming to a reasonable conclusion. The initial reading for me sounds like sympathetic jury and someone just won the litigation lottery. Tragic stuff though.
I wonder why there was 6 to 8 hours of delay when the baby was in distress. Also, it sounds as though the baby was delivered vaginally (forceps)in stead of C-Section. I don’t think we have been given the entire story here.
You never are given the whole story. Any mistakes doctors make are kept secret, and the patients aren’t told. Doctors are great at surgery but they don’t know much about how to deliver a baby. In fact most of the time a doctor does something during delivery it makes things worse, such as breaking the water, giving drugs to speed up the delivery and needless cesareans (25% of all births are cesarean now). Women who get induced are commonly scheduled to be induced at midnight for no other reason than to allow the doctor to come in at 8am in the next morning to deliver the baby. We give doctors too much authority and they are rarely if ever questioned. Whenever you have someone who has ‘unquestioned’ authority they will invariably abuse that authority. Just like you should question what professor tells you in college, question what the media prints, and question on occasion the conduct of the police, you should also question what your doctors says and verify based on your own research.
I say let’s see how many “defects” deformaties and deaths occur during deliver without the presence of a Doctor… Yes there are risks with any pregancy, yes there are “errors” in judgement (basically, isn’t that what makes us human?) and yes there are going to be serious consequences. I’m tired of everyone blaming the doctors for the outcome of much of these posts – Let’s have all of the OBGyn’s quit doing deliveries and see what happens then.
I had a very risky delivery – after 8 hours and because my DR didn’t believe in forecepts, went the C-Section route – with a paralizing epidural, nicked spinal column and complications – but I never once thought of a lawsuit…
Where we would we be without Dr’s ? They’re not perfect – I’d like to see anyone say they were –
If I had my choice between a DR and a LAWYER – there’s no question who I would choose – The men and women who dedicate themselves to do what they can to make things right and attempt to keep us ticking know that every waking hour they are assuming “risk” – We should do the same – Life is a risk..
Great post, eb
I just had a relative give birth and they induced her to the point that she gave birth HOURS earlier than anyone expected. She was in labor ONLY three and half hours and expected to go 18. Just twenty minutes more and my aunt would have been delivering the baby. Thank God her doctor hadn’t gone to lunch like she had planned. My cousin was centimeter dilated and an hour and a half later, fully dilated. Yes, question EVERYTHING. It’s the closest a woman comes to death without dying and you had better check every angle.
I feel so sorry for this family. It will take a few million just for the care alone. “Healthy” babies already can put a strain on budgets and this family did not deserve this. On the other hand I feel sorry for OBGYNS. They have alot on them but then too more needs to be done to make sure that nothing goes wrong. Just because every delivery is supposedly different does not mean that you make a God-complex call.
Agree with wa. Coupled with the comments this woman had some issues prior to the delivery, lastbat may be on point with a sympathy verdict. Faced with lifetime care for tragic cases…..the issue always becomes “who is going to pay”. The sad part is what quality of life is all this money going to buy? Doesn’t sound like much but our society isn’t ready to face any alternatives. Considering skyrocketing costs, I believe there will come a time when hard decisions will have to made about how much care will be allocated to persons with no hope for any quality of life. That’s frightening.
We always hear about the “bad” stories of doctors and surgeries gone wrong, and many people are quick to jump on the “doctors have a god complex” bandwagon. But for every “bad” story, there are thousands of “happy ending” stories that you never hear about. Think about that the next time you want to bash doctors. Chances are, you know of someone who is alive today due to the miraculous work of a doctor.
Yeah, I know more than my doctors. I always tell them they’re full of bs whenever they tell me what to do or not to do.
Was that sarcasm? I’m having a hard time figuring that out. But if not, then why do you see your doctor?