Re: Breech birth [Now Professional Liability Litigation]

From: ainsron (ainsron@sbcglobal.net)
Mon Nov 28 15:18:02 2005


I was named in a suit from an incident that occurred four months before I arrived in the town I was to practice in when I was discharged from the Air Force. My employer had put my name on the door below his and the plaintiff's lawyer included my name on the list of defendants. It took a court order to be dropped and a lot of hassle.

Ronald E. Ainsworth, MD, FACOG

-----Original Message----- From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of Dean Huffman . Sent: Monday, November 28, 2005 2:12 PM To: Multiple recipients of list OB-GYN-L Subject: Re: Breech birth [Now Professional Liability Litigation]

..

Along those lines ...

Once I was named in a professional liability case by mistake. The attorney for the plaintiff was so incompetant that he did not even review the records from my hospital or office -- just from the record of the patient at the hospital from which she was transferred.

It turns out that somebody else, whose name is similar to mine, was the MFM to take care of her, but I was named (similar sounding name) rather than him.

After a few months, I was dropped from the case on summary judgement. Nevertheless I always have to say, "Yes, I have been named in professional litigation." and to give the caption and details of the case.

Dean Huffman

- - - -

Quoting Charlie Chambers <ricechaz@gorge.net>: Mon, 28 Nov 2005 15:31:13 -0600

> Some excellent points. Plus, the possibility that you may not be
> insurable meaning that you may be unemployable. One thing to lose a
> malpractice case, but to be forced out of careers that we all have
> trained long and hard is unacceptable.
> On Nov 28, 2005, at 10:14 AM, ENDODOK@aol.com wrote:
>
> > It is so easy for the inexperienced (ie never sued) individual
> > to scream loudly about choice. They do not understand the financial
> > and mental stress associated with any lawsuit- filed, threatened,
> > settled or dropped. We are required by our liability carriers to
> > inform them of any possible suit thus a potential claim file is
> > opened. Even if ultimately the case goes nowhere, or if filed and
> > dropped, the physician is "tagged" so to speak, and as these
> > reported potential cases accumulate, the companies are spending
> > money, and this results in surcharges that push liability premiums
> > higher and higher.
> > Being vindicated in a filed suit that went to court is of no
> > solice, as those defense costs ( which can easily cost over a
> > $100,000) are part of a doctor's run/loss record, which is
> > recovered by the insurance company by large surcharges. The
> > patient's consent may not carry the verdict for the defense.
> > Acknowledging procedures that carry significant risk for a
> > suboptimal result (eg VBAC/rupture/ maternal and/or fetal injury/
> > death), the defense has to be avoidance of such situations.
> > Personally, I am awaiting next year's liability statement from
> > my carrier. It may be the last straw for me to continue medical
> > practice.
> >
> > JGB
>
> ************************************************************************
> ****
> Charlie Chambers

> Hood River, OR
> cchamber@alumni.rice.edu
>
> "Almost anything you do will seem insignificant but it is very important
> that you do it....You must be the change you wish to see in the world"
> -- Mahatma Ghandi.
> ************************************************************************
> *******
>

>





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