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Re: Interesting D&E lawsuit (long)From: RModugno@aol.comThu Mar 10 15:41:29 2005
At Thu, 10 Mar 2005, GIN11153@aol.com wrote: > >_http://www.law.com/jsp/article.jsp?id=1110378610116_ >(http://www.law.com/jsp/article.jsp?id=1110378610116) > >Gail Neuman RNC CPHW SNP LNC >listowner of LegalNurseConsulting@yahoogroups.com >certified high risk OB/legal nurse consultant >Notary Public/Certified Loan Signing Agent >Tustin, CA Dr Stephen Blank is a colleague of mine - we share call coverage. This was a total B.S. case.. This patient ( not his personal patient - but a member of the call group's) had an 18 week fetal demise. She had chorioamnionitis, it was a breech delivery - the head(macerated) got trapped in the cervix and it separated from the body. (I've had this happen to me before - have other listers?!) She was taken to the OR - had a vacuum curettage - and Dr Blank thought he'd removed the head with the rest of the products of conception. She passed it in the toilet after she was discharged. Unfortunately for Dr Blank, it wasn't a piece of placenta. We all know the size of a fetal head of an 18 week macerated fetus. This trial was in the local press and on the news describing it as "botched" surgery. "'The jurors were weeping" as she told her story and as they viewed pictures and a videotape of the head! What a sensational story! One of my lay friends thought from the description that she had passed a full sized baby's head into the toilet and he was afraid to ask me about it! She brought suit for post-traumatic stress disorder. Her "expert' witness" ,an OB/GYN from Indiana, had never performed a D&E over 12 weeks. Suggested that Dr Blank should have done an ultrasound to insure everything had been removed - this person does not know the concept of the standard of care. The defense expert, an MFM, trained at Grady Hospital, Atlanta, and who had done hundred's of D&E's did a remarkable job in defending Dr Blank as did his attorney. Fulton County has a reputation of being a plaintiff - friendly county as are the judges. I believe, both the judge and the jurors did a remarkable job to see that justice was done.The one juror who desented and then changed his mind did not want to see the doctor"get off". This case is a prime example of why Medical Courts should be established in this country. To learn more about this concept, go to: _http://cgood.org/_ (http://cgood.org/) Robert Modugno MD MBA FACOG Marietta, GA _www.novaobgyn.yourmd.com_ (http://www.novaobgyn.yourmd.com)
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