#1
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A 25-year-old woman is suing the doctor who delivered her when she was a baby, saying she would not have medical difficulties from erb's palsy today if he had just conducted a caesarean birth like her mother requested, according to news reports


So, what do you guys think?
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Last edited by phlip999 at Aug 3, 2011,
#2
So what's her reward for this if she win.. death?
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#3
Quote by Slaughtered
So what's her reward for this if she win.. death?

Probably some form of compensation for the palsy.

She's not suing him over her birth, that's a shitty title. She's suing him for not abiding by her mother's wishes which she feels has caused her medical problems later in life.
I see no problem with that, if she actually has a case then she should get compensation.
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#6
Quote by stratkat
The mom should've sued 25 years ago when it happened.=/

If a doctor made a call against mine that caused something like that I'd be pissed.

It's possible that the palsy wouldn't have been apparent for a while, that the cause may not have been apparent until recently, or that the mother was an idiot.
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#8
I kind of agree with this, although I dare say it is very difficult to trace the palsy directly back to her birth. That said, I also disagree with caesarean births when they aren't necessary, but that's a personal issue rather than a legal one.
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#9
lol I didnt watch it.. Advertisements before videos is ruining the internets. (especially when the vid is only a minute and a half, and the jist is given in the thread title )
Carry on.
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#11
She took her time, why didn't she just sue him after she was born? I think her case would've been a lot stronger back then.

Edit: Shotgun on a TV series called "Baby Lawyer". This is a legally binding internet post.

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Last edited by Zero-Hartman at Aug 3, 2011,
#12
I'm not going to claim that doctors are infallible, but I'm not sure it would be wise to initiate a malpractice suit against a doctor just because he didn't listen to the wishes of a mother who may not have had the requisite knowledge to make an informed decision about which procedure to take.

Ultimately, the guy is a renowned Obs & Gynae medic according to the source. I think we may be able to infer from that that he has a good standard of medical competence. If he made a call about selecting a procedure, and he had sound medical reasoning for doing so, then I do not believe it would be prudent to start accusing him of incompetence when there may have been other, worse and possibly more likely complications that may have resulted from a C-section. It's entirely possible, and based on the information available to us, likely, that the doctor would not have had any reason to acquiesce to the request of a patient who is in all likelihood, unaware of the entire scope of the likelihoods of complications arising from such a procedure, and follow his own medical judgement and training. The issue of the ACTUAL outcome, although tragically unfortunate for the patient, is irrelevant to the case since the doctor would probably not expect that outcome. If he made a decision that was supported by his training and other competent doctors, then there should be no reason that he should be held responsible for what happened.
#15
Quote by LordBishek
If he made a decision that was supported by his training and other competent doctors, then there should be no reason that he should be held responsible for what happened.

Agreed, but one would hope that this would be discovered in court.
This just doesn't seem to me to be a particularly spurious suit at all, I can't really see why it's remarkable.
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#16
Eh.


If what he did was considered the correct decision based on medical standards, then she should get compensation, it just shouldn't be placed on the shoulders of that doctor.
#17
I don't think she should get a cent. Also, as much as they're vaunted for some reason, C-sections are hardly the miracle delivery. Clearly, there were complications with this woman's birth, and it clearly wasn't the doctor's fault.
#18
If the cause of the palsy was during childbirth and no signs of its development were shown between a selected caesarian and the actual due date, how is the doctor responsible? It seems more like something that the midwife owes up to since it has more to do with how the baby's head was positioned. And doctors don't just deny surgery for no reason.
#20
I don't see the problem. She has a medical condition that she might not have if the doctor had done what her mother asked. I'm not saying she has a case - but she's not necessarily just suing the doctor for being born.
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#21
Quote by Todd Hart
I kind of agree with this, although I dare say it is very difficult to trace the palsy directly back to her birth. That said, I also disagree with caesarean births when they aren't necessary, but that's a personal issue rather than a legal one.

may i ask why? just out of curiosity
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#22
Quote by Todd Hart
I kind of agree with this, although I dare say it is very difficult to trace the palsy directly back to her birth. That said, I also disagree with caesarean births when they aren't necessary, but that's a personal issue rather than a legal one.

Most cases of Erb's palsy are caused at birth, and I'd say it's probably pretty easy to prove that her arm has always been paralyzed.
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#23
Quote by Ur all $h1t
Agreed, but one would hope that this would be discovered in court.
This just doesn't seem to me to be a particularly spurious suit at all, I can't really see why it's remarkable.


It's true. I just hope that she actually has significant evidence of malpractice should she be taking the case to court.
#24
She has a somewhat solid case but the fact that she's suing him 20 years later makes me think that she might just be a money-grabbing ****.


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#26
Quote by JamSessionFreak
She has a somewhat solid case but the fact that she's suing him 20 years later makes me think that she might just be a money-grabbing ****.

Yeah, because clearly a 5-year-old is who should be suing a doctor.

She's only 25. There's a good chance that she's just now becoming fully self-sufficient and it's become obvious to her that her condition is making a normal working and home life difficult. It makes complete sense to me.
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#27
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#28
Why do American's have to sue everybody over anything? For a predominately Christian nation, it's weird I'm given the impression it's a very unforgiving one
#29
Quote by vitchb
Why do American's have to sue everybody over anything? For a predominately Christian nation, it's weird I'm given the impression it's a very unforgiving one

1) There's nothing particularly ridiculous about this case.
2) She's not American
3) Americans tend to have a higher rate of suing for malpractice both because of the general litigiousness of the society (huge oversupply of lawyers) and the fact that there is no real provision for quality healthcare for many people, meaning that if you have a health problem that is both expensive and hampers your ability to work you're frequently left with no option but to try to sue.
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#30
Title is misleading in the sense that it is an irrational case, but once the real story is read, it's quite believable and viable and she will probably win.
#31
Quote by stratkat
The mom should've sued 25 years ago when it happened.=/

If a doctor made a call against mine that caused something like that I'd be pissed.


Doctors have a lot more expertise to make this call. Unless the mother has a degree in medicine, she is no way more qualified to make a call like that. Granted, it is her body and she can do what she wants with it, a doctor is trained to deal with things like this. I'm sure he thought it was the best decision at the time.
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#32
Quote by vitchb
Why do American's have to sue everybody over anything? For a predominately Christian nation, it's weird I'm given the impression it's a very unforgiving one

Great job making yourself look like a jackass.
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#33
Ashy poo nailed it. She better have significant evidence before trying anything.

I guess Erb's Palsy is most common relating to this type of injury, however, this needs to be examined much further. No one can say for sure at this point.
#34
If there's a chance that her not being born via C-section caused her palsy then I see no reason why the case shouldn't be given a chance.
#35
Quote by RPGoof
Title is misleading in the sense that it is an irrational case, but once the real story is read, it's quite believable and viable and she will probably win.


I sure hope not. 99% of the time when people sue doctors it's because they have no understanding of medicine and are just butthurt that everything didn't go perfectly. Pisses me off, especially when you take into account how malpractice suits drive up the cost of health care for everyone else.
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#36
Quote by Knucklehead Dyl
He probably had an even better reason for not doing the caesarean...


I agree with him . If that's what happened, it's destiny. So, I would advice the woman instead to accept the fate and don't worry, just be happy LOLs