different culture

From: Henry Gregor (henrygregor@yahoo.com)
Sun Mar 12 16:07:38 2006


GA12L@aol.com wrote: Different culture!

Gail Indeed, it is Gail. Case law exists in California ... reputed to be one of the fifty states, but for many years suspected by many to be in a different universe from the other ones...wherein a lady sued her FP for negligence. For many years he had advised a pap smear for cervical cancer screening. For just as many, she declined and he noted the exchange faithfully each time it occurred. You guessed it...she got invasive cervical CA. He was sued, with the plaintiff's attorney alleging his client was not sophisticated enough to appreciate the implications of screening or rejecting screening and the chart failed to document appropriate counseling of the patient as to these issues. I read this case summary about ten plus years ago, possible in Contemporary Ob Gyn.

The judgment was a litttle different from the usual guilty/not guilty outcome. He was found guilty and an award was made....the doc was held only partially accountable, with the patient held accountable to herself for the remaining difference in the award....of course, the latter condition was of no benefit to the physician, his family, his practice, or his insurance company.

Just another example of the wierd system here and more background as to why different approached to vbac's, interventions, etc will continue to occur.

Hank

PS: California may have been a little wierd, but not any longer, as the rest of the country has segued into a similar legal mindset, helped along by a few east coast states similarly in the vanguard of tort law, with Texas probably worthy of note in the process as well, lol.

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