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Re: ChallengeFrom: D. Ashley Hill (dahmd@cfl.rr.com)Sat Apr 17 11:50:54 2004
At Sat, 17 Apr 2004, DoctorJoe@aol.com wrote: > >This was a challenge by a lawyer somewhere (I didn't notice the state) who >claims frivolous lawsuits, at least in medical malpractice, DON'T EXIST. Joe- My perception is that many frivolous (without any possible merit) suits are filed but don't make it to court. They either settle out as nuisance suits, or lawyers drop them after the deposition stage. Here are a couple similar examples: A baby is born with molding but has normal Apgar scores and pH. The patients sue via the NICA fund here in Florida, stating that molding equates to brain damage. The infant actually exceeds age-related milestones during neurology exam. The physician spends over $5,000 to defend himself from the NICA investigation, but is exonerated. The parents pay nothing. A local physician is called stat to a precipitous delivery. The baby is about 7 pounds, delivers precipitously via an experienced RN, even though the doctor runs from (literally) 30 feet away where he is in the physician's lounge. The baby does not have a shoulder dystocia, but has transient, now resolved brachial plexus trauma (posterior shoulder). Parents sue. An out-of-state expert states that "all brachial plexus injuries are from shoulder dystocia and are always due to physician negligence." The case is withdrawn when the lawyer realizes the doctor was only 30 feet away and responded immediately. Ashley
-- D. Ashley Hill, MD Associate Director Department of Obstetrics and Gynecology Florida Hospital Family Practice Residency Orlando, Florida
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