Re: Birth trauma matter settles for $1.3M
From: Andrew Folley (agfolley@hotmail.com)
Wed Oct 25 12:44:18 2006
Understand and agree.
>From: Joe Cutchin <forcep@intercom.net>
>Reply-To: ob-gyn-l@obgyn.net
>To: Multiple recipients of list OB-GYN-L <ob-gyn-l@dns.obgyn.net>
>Subject: Re: Birth trauma matter settles for $1.3M
>Date: Wed, 25 Oct 2006 08:52:37 -0500
>
>Andrew: ACOG????? Why would our "own" organization to whom we pay big bucks
>do that? Joe C
>
>Andrew Folley wrote:
>>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
>>>Reply-To: ob-gyn-l@obgyn.net
>>>To: Multiple recipients of list OB-GYN-L <ob-gyn-l@dns.obgyn.net>
>>>Subject: Birth trauma matter settles for $1.3M Date: Wed, 25 Oct 2006
>>>01:50:57 -0500
>>>
>>>Article of the week from Michigan Lawyers Weekly:
>>>Birth trauma matter settles for $1.3M
>>>Mother's infection not diagnosed, treated
>>>The plaintiff began prenatal care when she became pregnant. She had a
>>>history
>>> of one prior miscarriage.
>>>At 21 weeks' gestation, the plaintiff began having spotting and went to
>>>the
>>>hospital. Examination showed her cervix to be 3 cm dilated, 100 percent
>>>effaced, and her membranes to be bulging.
>>>Testing was done, which showed no infection. Amniotic fluid testing
>>>showed no
>>> intra-amniotic infection. However, amniotic fluid showed evidence of an
>>>elevated white count. An emergency cerclage was placed for an
>>>incompetent cervix.
>>>
>>>Read the rest here:
>>>_http://www.milawyersweekly.com/feature.cfm_
>>>(http://www.milawyersweekly.com/feature.cfm)
>>>Not sure I agree with the outcome and am opening it for discussion
>>>please.
>>>Gail Neuman RNC CPHW SNP LNC
>>>student nurse practitioner and student midwife
>>>Proud member of LegalNurseConsulting2@yahoogroups.com
>>>certified high risk OB/legal nurse consultant
>>>Perinatal Nurse Associates
>>>Notary Public/Certified Loan Signing Agent
>>>PrePaid Legal Sales Associate
>>>Santa Ana, CA
>>
>
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