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I Sympathize.....From: Ann Hillard (ann.hillard@talk21.com)Tue Aug 29 23:19:29 2000
At Sun, 27 Aug 2000, Joanne Bulley, MD wrote: > >><< Isn't there a $ amount,below which no data to NPDB?? >> >> >>Yes, and that's why many settle - but I don't know what the $ amount is. >> >>Robert Modugno MD MBA FACOG >>Marietta, GA > >Actually - to the best of my knowledge - anything other than dismissal >or dropped case goes to the NPDB. I think even a trial with a favorable >outcome for the doc goes to the NPDB... Any settlement of trial goes >in. My case for $120,000 went in. > >It was an Abruptio with IUFD - the data collected during 'discovery' >showed she had ALWAYS lied to the docs about her smoking and other stuff >- she told a social worker she smoked 4 packs a day - because that was >the only way she could survive the day - she told us it was 1 PPD or >less. She made trips in for little stuff by ambulance. If she didn't >like the answer, she went to the hospital in VT 25 miles away. I had >seen her in L&D on a Sat night with pain - which resolved 100% with 30 >minutes in the whirlpool. Her fetal heart tracing was reactive - but >the baseline was not stable. The next morning she called with 'blood >running out all over' - and said she couldn't come in because of it. I >finally said I could not do anything even if I came there, so she had to >put a towel between her legs and come in. I didn't mention ambulance - >because I knew she knew how to come in by ambulance. She arrived an >hour and a half later - with a dead baby. They had started to drive in >and stopped at the firestation and asked then for an ambulance. That >be-zillion page litany of everything I did wrong was just as tough as >folks have been talking about. > >At the same time I was the only witness for the defense for my deceased >partner - they had only filed that case AFTER he was diagnosed with >terminal cancer... In that one he had said we've got to do a section >and the grandma kept asking if it was really necessary etc - you all >know the scene. He called me and said he thought they knew me - would I >run over from the office to give my opinion. It was a vasa previa with >a fetal bleed. Grandma still asked me - but what if she goes fast, >isn't there any other way? The case came down to the grandma saying >no-one ever mentioned cesarean until I walked in and my saying that when >my partner said they needed to go to the OR immediately, she had argued >and not allowed it. Worst of all - I go to church with her and she >accosted me in church one day and said how much it hurt to read my >deposition that I was saying it was her fault her grandson was disabled. >I finally set my foot down and wrote her a letter that church was where >I go for spiritual renewal - not to be accosted verbally. I submitted >that we disagreed on the circumstances and needed to never mention it >again to each other in public. She has kept mum - but the look in her >eyes says quite a bit. (he had APGARs of 0/0/2 and has survived with a >variety of disabilities but is able to walk , communicate some and >interact). That one settled also. His estate could not even be settled >until the case was done. > >My other case - against me - settled before the advent of the NPDB. It >was one of those cases you walk into. 1987: G3P1011 (had and Elective >Ab something like 2 months before conceiving this one - so 3 pregs all >different fathers, none invloved..) Prior vag birth of a nearly 9 lb >baby in a double set up incase it did not come out with forceps. This >one - I walk in Sat AM - read the chart (I had never met her) and say to >the nurse - either this one falls out or we section. Well, she moved >right along - 6 cm - 9 cm - complete. Begging for the epidural all the >time. I did the epidural after she had pushed the kid down well, and >put on the forceps - it was an easy as putting a knife through butter - >to get the head out - then right as the chin delivered, I knew I was in >trouble - it just quit moving. We ended up with a dead baby. I got >raked over the coals big time for not having known how big the kid >was... It was under $90,000. > >>From residency there was one I was named but dropped due to statute of >limitations. The residency programmed was then left as the named >entity. Someone who really had to twist my arm to get an IUD. I >thought it was a bad idea - she planned a LapScope TL in under 6 months! >She had had 4 C/S, a bunch of terminations and said she had been >promised the IUD at her 6 week check. (that was documented on the >prenatal record) I went over and over the risks and how they are highest >right after putting it in - and that she had previously had chronic >pelvic pain and would only be putting herself at risk and not be using >it long enough to get past those risks. After reviewing everythin with >the attending for the clinic and reading the permit with her and having >her initial every one of the paragraphs of risk - then I put it in. It >perforated and the folks who were going to do the TL retrieved it and >did the TL. A number of years later she had a hyst for pain & >adenomyosis. She testified in her deposition that I had twisted her >arm, talking her into the IUD. Only after she read my deposition did >she admit I had reviewed all the risks and she had actually asked for >the IUD. They continued the case even though the residency wanted to >settle. When I guaranteed that I would fly out to testify in the trial >- then she settled out of court - the day before the trial was to begin. >So she got money - even though wshe had lied under oath! > >So... To all of you who have been sued - I send my condolences - to >those of you who have not yet been sued - remember to talk to us or >someone when it happens. It is really tough to go through. You see the >case before your eyes constantly. It is a living nightmare > >-- >Joanne Bulley, MD >Keene, NH, USA > Wow,that is really something. There are alot of bogus lawsuits,and selfish litigation. What concerns me is that whenever there is malpractice discussed here on the board,I never hear accountability.Just horror stories of what crackpot called the ambulance-chasing attorney. (sorry-not to offend anyone) We have all seen mistakes in the delivery room,where patients,not doctors are victims. Sometimes Im afraid of the views and opinions that we as medical professionals adopt because of one or two bad expeiences with personal injury lawyers that twist the truth. What about the mom who is suffering from decelerations where the fhr monitor is showing distress during contractions,and the rn,do and other hospital staff waits until its as serious as bradycardia,and then vacuum exract while the c/s doctor is setting up iv's for what would have been a safer delivery,and then the child is brain damaged for life? Do we scoff at her for contacting a lawyer? (Example) I wouldnt. I respect medicine,and am God-fearing with my responsibility. We do make mistakes,We need to hold ourselves accountable,so that it doesnt happen again. Thats all. When we get too haughty to see our own mistakes,maybe its time to turn in the robe,or go back to school..just my opinion. Maybe if the stupid lawsuits like the one with the crackhead/smokaholic would get out of the court system,we could go back to keeping it real,and keeping mistakes when quick descions are to be made at a minimum,and when we do not,making amends for it legally and respectfully. No doctor would intentionally cause harm,but our degrees prove we know better in some circumstances.Hope not to offend anyone,Im sorry if I did. Sometimes for every 9 good actions we have 1 poor one. And sometimes we dont know that until its too late. Every patient/situation is unique,and we cant always rely on previous victories in the delivery room,etc...Every doctor/hospital is different,I can only judge by what goes on around me....Hope some of you out there agree with me....
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