Re: Tort Reform/Expert Witnesses

From: RModugno@aol.com
Wed Aug 11 10:07:07 2004


In a message dated 8/11/2004 9:57:17 AM Eastern Daylight Time, DoctorJoe@aol.com writes:

>
>In a message dated 8/11/04 07:41:15, RModugno@aol.com writes:
>
>>
>> As an example, I was asked by a physician's insurance company to review a
>> case - shoulder dystocia - in a patient who was allowed to be in the 2nd stage
>> a full 20 minutes had some variable decelerations, the physician decided to
>> deliver the baby by forceps - got shoulders stuck and the L and D nurse - who
>> apparently was the largest on the unit proceeded to "mount" the patient and
>> apply fundal pressure - the baby was born with a severe brachial plexus
>> injury.My impression was that the physcician was in a hurry. Should I have just
>> said "Sure. Go ahead and take this case to trail or settle?"
>>
>>   
>>
>>  I believe that the establishment of a medical court system outside the
>> general tort system is the only equitable way to provide "justice for all"
>>
>
>And so your solution in THIS CASE would be what? DON'T try to settle?
>
>I think the physician being in a hurry is soft-pedaling. The giant L&D nurse
>applying fundal pressure is, indeed, malpractice.
>
>So what's the solution you'd rather see here than "traditional?"
>
>Joe P.
>

Thanks for your input, Joe! I suggested that they should settle this case - because as an expert for the defense - I don't know how I could have defended it.

Robert Modugno MD MBA FACOG Marietta, GA http://www.novaobgyn.yourmd.com





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