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Re: Birth trauma matter settles for $1.3MFrom: Andrew Folley (agfolley@hotmail.com)Wed Oct 25 07:50:27 2006
There is a definite injury to the plaintiff minor. There is a definiet contract of care between the physician and the plaintiff. Only two qeustions remain. Was there a breach in the standard of care and was that breach causally related to the injury. I am not sure what it means that "amniotic fluid shwoed no evidence of infection". If the gram stain was negative, the culture grew nothing out and the fluid glucose was normal and LDH low(ie LDH elevation, gluscose less than 15mg% in fluid and elevated wbc imply infection. I would alwo want to know what the mosm initial CRP value was and her wbc level. Chorioamnionitis would be a contraindciation to use of the rescue cerclage. A better choice perhaps would have been to hospitalize until delivery and do nothing other than IV antiboitics for moms protection. Apparently the plaintiffs lawyers were not worried about the above .They felt the breach was in failing to do the wet prep. It seems like the defense arguments reasonably refuted the plaintiffs charge, based on the literature regarding BV. Our problem is that we have neither a court of law or jof ustice. It is more a court of sympathy and pragmatic need. 9 or 10 jurors see a horribly crippled child who is going to require millions of dollars in costs over then next 50 years and someone should have to pay. No one else is available other than for the phsycian. Most of our malpractice awards have nothing to do with malpractice. Our malpractice problem could be solved when ACOG says that we will no longer pay outrageous malpractice premiums. ACOG needs to propose or establish a nationla heath fund. The 40,000 docs will pay their $60,000 to $100,000 yearly premiums into a national fund (collectively 2 billion $2,000,000,000). This unfortunate case could have been ealsily resolved with paying out 2 or 3 million instead of 1.6 and the monies could have been entirely used for the care of the child instead of 1/3 going to the plaintiffls lawyers. andrew
>From: GIN11153@aol.com
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