Another classic argument in support of moving to a professional, independent jury system akin to Japan’s. Being a juror there is a respectable profession that requires education, objectivity, and common sense. The almighty “sympathy” factor in this type of case is a travesty of justice. This is a respected, credentialed, competent OB/GYN who had only been sued once before during a 20 year career. To second guess the performance of her professional services because of a bad outcome is senseless an irresponsible. “should have acted more quickly” is a 20/20 hindsight opinion. The net result is the doctor will now pay higher malpractice rates and have this on her professional record because a jury felt “sympathy”. Under the best circumstances, childbirth carries risks and dangers that no medical professional should be charged with preventing. Even when the best medical education and judgment is rendered there may still be a bad outcome. It’s becoming all to familiar in our flawed legal system that regardless of liability…………someone must pay.
YOU WOULD FEEL ALOT DIFFERENT IF IT WAS YOUR KID! THESE DOCTORS NEED TO BE ACCOUNTABLE FOR THEIR IRRESPONSIBILITY! OBVIOUSLY, IF THE 1ST TWIN BORN 20 MINUTES EARLIER WAS FINE, THE DOCTOR WAITED TOO LONG TO DO THE “C” SECTION. HOPE YOU NEVER HAVE TO BE IN THAT SITUATION…
Obviously, you have no background in twins, sometimes one is born normal, sometimes both, and sometimes one or both have health issues. The same issue could be extended for couples that use fertility drugs and have a “bad outcome” because they did not want to eliminate the exta eggs. I’m sure you would find the doctor responsible in that event as well. Sometimes bad things happen to good people and even infants, get a life!
Your post proves Dread’s case – emotion trumps reason – I have handled 100’s of gork kid case prior to retirement and NONE of them were the result of culpable negligence on the part of the Doc or the L&D staff. The Doc and her Carrier should appeal this meritless outcome. Also – IF you are going to find a way to throw money at this, then Structure the life care costs, hold the Pltf atty legal fees to a deminumus percentage and create a Trust for the surviving child (not the parents)and recognize the life expectancy for this unforturnate infant is limited
Thanks to all for the defense. As for Been There, you’re hardly one to offer an objective comment. I suggest you read the definition of “malpractice”.
“a dereliction of professional duty or a failure to exercise an ordinary degree of professional skill or learning by one (as a physician) rendering professional services which results in injury, loss, or damage.”
A disappointing outcome doesn’t equate to malpractice. Sorry if you had a bad experience. Patients and families need to remember doctors are humans too. They’re not infallible machines. They are highly educated and are called upon to exercise their best judgemnt and assume risks none of us would ever consider. Slamming them with a lawsuit because you’re unhappy with an outcome serves no purpose but to make you feel better because you were awarded some money. Nothing in life comes with a 100% guarantee.
Obviously comments on an insurance site would carry some bias. While it is true that a bad outcome can occur with or without negligence, it is also true that there are times when a doctor fails to exercise an ordinary degree of skill or the accepted standard of care when rendering professional services and such failure results in injury, loss, or damage. In such cases, the doctor should be held responsible. One cannot assume that all bad outcomes are the result of medical negligence. Nor can one assume that all injuries are a result of simply a bad outcome by no fault of the doctor.
I see nuchal chords all the time during c sections. These are the type that this award is referring to that exists when the “umbilical chord impedes blood flow to the brain” as stated in the article. The chord simply gets wrapped once or twice around the fetal neck in utero due normal fetal movement. Yes it can affect fetal blood flow and be heralded by changes in fetal heart tracings both subtle and profound……However, often a double nuchal chord has very minimal or no presenting signs/symptoms. Patients do not have labels that identify the particular insult….Childbirth is a dangerous business for moms and babies: I wish the media outlets would not portray it as sterile, painless and always 100% safe and wonderful. Ask your grandmother how many women that she knew who died during childbirth or shortly thereafter….Or how many kids were born and after prolonged “difficult labors and deliveries” just weren’t right or were “different”. We have made quantum leaps in safety for both moms and babies but the inescapable truth remains that medicine and especially Obstetrics is an inexact science.
I feel for the family and the child but also for the Obstetricians who live in a sick lawsuit happy world enabled by Malpractice attorneys……The OB/GYNS who deliver babies are becoming more and more scarce these days…..This is why…..
so, tell me — how do we know that all cerebal palsy is related to an umbilical cord cutting oxygen from the brain? i think someone went overboard. do folks that have strokes get cerebal palsy? where’s the documentation that really dictates that his actions caused the cerebal palsy? not all twins are born healthy. there is just a bit of information that did not scratch the surface.
doctors are always trying to make the proper call. they don’t try to make a mistake, because it can cost that person a problem later on in life. but there are sometimes when life has played you a card that you have to deal with.
i have compassion for this couple, but in the end. do we truly know that $38 mil is a lot of money – ?? do we truly know the amount of bills that will be acquired and the costs? i hope that this money is being put into a trust that will collect interest and if there is more than enough money, that the money returns back to the doctor. i think this was an overzealous amount being given by the jury. i think that there should be a mediator possible that will verify the bill appropriately and pay correctly.
my prayers are for the family that a miracle might happen!
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Another classic argument in support of moving to a professional, independent jury system akin to Japan’s. Being a juror there is a respectable profession that requires education, objectivity, and common sense. The almighty “sympathy” factor in this type of case is a travesty of justice. This is a respected, credentialed, competent OB/GYN who had only been sued once before during a 20 year career. To second guess the performance of her professional services because of a bad outcome is senseless an irresponsible. “should have acted more quickly” is a 20/20 hindsight opinion. The net result is the doctor will now pay higher malpractice rates and have this on her professional record because a jury felt “sympathy”. Under the best circumstances, childbirth carries risks and dangers that no medical professional should be charged with preventing. Even when the best medical education and judgment is rendered there may still be a bad outcome. It’s becoming all to familiar in our flawed legal system that regardless of liability…………someone must pay.
YOU WOULD FEEL ALOT DIFFERENT IF IT WAS YOUR KID! THESE DOCTORS NEED TO BE ACCOUNTABLE FOR THEIR IRRESPONSIBILITY! OBVIOUSLY, IF THE 1ST TWIN BORN 20 MINUTES EARLIER WAS FINE, THE DOCTOR WAITED TOO LONG TO DO THE “C” SECTION. HOPE YOU NEVER HAVE TO BE IN THAT SITUATION…
Obviously, you have no background in twins, sometimes one is born normal, sometimes both, and sometimes one or both have health issues. The same issue could be extended for couples that use fertility drugs and have a “bad outcome” because they did not want to eliminate the exta eggs. I’m sure you would find the doctor responsible in that event as well. Sometimes bad things happen to good people and even infants, get a life!
Your post proves Dread’s case – emotion trumps reason – I have handled 100’s of gork kid case prior to retirement and NONE of them were the result of culpable negligence on the part of the Doc or the L&D staff. The Doc and her Carrier should appeal this meritless outcome. Also – IF you are going to find a way to throw money at this, then Structure the life care costs, hold the Pltf atty legal fees to a deminumus percentage and create a Trust for the surviving child (not the parents)and recognize the life expectancy for this unforturnate infant is limited
Would like to see the appeal verdict reported on this one. Maybe cooler/clearer heads will prevail.
Thanks to all for the defense. As for Been There, you’re hardly one to offer an objective comment. I suggest you read the definition of “malpractice”.
“a dereliction of professional duty or a failure to exercise an ordinary degree of professional skill or learning by one (as a physician) rendering professional services which results in injury, loss, or damage.”
A disappointing outcome doesn’t equate to malpractice. Sorry if you had a bad experience. Patients and families need to remember doctors are humans too. They’re not infallible machines. They are highly educated and are called upon to exercise their best judgemnt and assume risks none of us would ever consider. Slamming them with a lawsuit because you’re unhappy with an outcome serves no purpose but to make you feel better because you were awarded some money. Nothing in life comes with a 100% guarantee.
Sometimes you are just fantastic Dread. Great post to a horrible verdict. I hope this puppy is appealed, what a travesty of “justice”.
Obviously comments on an insurance site would carry some bias. While it is true that a bad outcome can occur with or without negligence, it is also true that there are times when a doctor fails to exercise an ordinary degree of skill or the accepted standard of care when rendering professional services and such failure results in injury, loss, or damage. In such cases, the doctor should be held responsible. One cannot assume that all bad outcomes are the result of medical negligence. Nor can one assume that all injuries are a result of simply a bad outcome by no fault of the doctor.
I see nuchal chords all the time during c sections. These are the type that this award is referring to that exists when the “umbilical chord impedes blood flow to the brain” as stated in the article. The chord simply gets wrapped once or twice around the fetal neck in utero due normal fetal movement. Yes it can affect fetal blood flow and be heralded by changes in fetal heart tracings both subtle and profound……However, often a double nuchal chord has very minimal or no presenting signs/symptoms. Patients do not have labels that identify the particular insult….Childbirth is a dangerous business for moms and babies: I wish the media outlets would not portray it as sterile, painless and always 100% safe and wonderful. Ask your grandmother how many women that she knew who died during childbirth or shortly thereafter….Or how many kids were born and after prolonged “difficult labors and deliveries” just weren’t right or were “different”. We have made quantum leaps in safety for both moms and babies but the inescapable truth remains that medicine and especially Obstetrics is an inexact science.
I feel for the family and the child but also for the Obstetricians who live in a sick lawsuit happy world enabled by Malpractice attorneys……The OB/GYNS who deliver babies are becoming more and more scarce these days…..This is why…..
so, tell me — how do we know that all cerebal palsy is related to an umbilical cord cutting oxygen from the brain? i think someone went overboard. do folks that have strokes get cerebal palsy? where’s the documentation that really dictates that his actions caused the cerebal palsy? not all twins are born healthy. there is just a bit of information that did not scratch the surface.
doctors are always trying to make the proper call. they don’t try to make a mistake, because it can cost that person a problem later on in life. but there are sometimes when life has played you a card that you have to deal with.
i have compassion for this couple, but in the end. do we truly know that $38 mil is a lot of money – ?? do we truly know the amount of bills that will be acquired and the costs? i hope that this money is being put into a trust that will collect interest and if there is more than enough money, that the money returns back to the doctor. i think this was an overzealous amount being given by the jury. i think that there should be a mediator possible that will verify the bill appropriately and pay correctly.
my prayers are for the family that a miracle might happen!