Re: I Sympathize.....
From: art fougner, md (evsono@pipeline.com)
Tue Aug 29 23:29:39 2000
eventually the only doc never sued will be the one whose practice is
limited to expert testimony.
art
At Tue, 29 Aug 2000, Ann Hillard wrote:
>
>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....
--
art fougner, md
A series of 1000 cases begins with but a single anecdote.
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