win or lose, lawsuits work

[admin]

Some one I know is approaching her delivery date. She has several risk factors for shoulder dystocia. A few of the ob's at her practice have recommended she have a c section. She is trying to avoid that at all costs. I have been so troubled by this. It is so hard for me to be around pregnant woman anyway because I am reminded of all the pain of what my child went through etc. When someone has risk factors yet besides forget it. I get very frightened for them. I have spoken with this family over the past few months and was told the drs. have been doing ultrasounds regularly to keep track of the babies size and are on top of things. This made me feel better as it truly did sound like they were doing things according to the "book"(ie. Dr. James O'Leary book that is). So as I said a few of the obs have now recommended a c section which upset her very much. I was thankful that they did actually. I dont understand why she cant see this as a good thing but I suppose my perspective is completely different from hers. I told her I know the results of what can happen. Anyway, she talked to her regular ob and was told that the reason the others are pushing the c section is because they are currently being sued for a brachial plexus injury. This ob told her that she would probably be fine for the vaginal delivery and they would do an ultrasound and hip xray right before delivery to make sure there is room. My point of this post is that if this practice hadnt been sued do you think they would be taking such precautions? Do you think they took all those precautions with the person who is suing them? I doubt it. So even if they are doing all this to cover their butts from a lawsuit I say hooray because at least other babies are being protected! I hope that if they win the lawsuit they dont go back to the their old ways. I realize that not all bpi's are the result of negligence. For those that dont feel theirs was I would encourage you to then at least sit down with your ob and talk about how this can be prevented in the future and so they can see the future effects of serious, permanent injuries. If you chose to use our legal system to seek accountability from your medical professional I say thank you. Even if you dont personally win, some baby somewhere may be winning that we will never know about through a safe delivery. It's unfortunate but it seems like the only way to get drs. to hear us is through lawyers.

[RhondaT]

I agree with you. I think the doctor that injured my son is a better doctor today because or it. BUT I hate my child had to pay the price for his experience. And the jury didn't see fit to repay him for his lost. But like I said I think he is a lot more carful in his deliveries now.
Rhonda

[francine]

thank you for your post

I found out that the practice I was with changed their high risk protocol. When asked why they responded with - "because of the lawsuits."

[momcares]

That gets me too! My first son was a shoulder dystocia baby and I had his head out for 7 1/2 mins., ripped to my rectum, and luckily he is not hurt. But when they get stuck like that you're running the risk of both of you dying (if the placenta detaches itself)from bleeding to death. When I got pregnant with Antonio, I requested a C-section. My ob told me no, and now I have a bpi baby. I hope she thinks twice!!

[Bridget]

While I agree in principal with the statement that perhaps a lawsuit will help doctors re-evaluate their methods of delivery, etc., it may also be true that a lawsuit may have no effect at all...in my own case the doctor that injured my son has also injured other children, both prior to and after my son's birth (and lawsuit).

My feeling is that his ego is so large that he is incapable of recognizing that his actions led to injury...our attorney expressed this feeling as well, saying that is was common for doctors (and for attorneys accused of wrongdoing as well) to be in "denial" about their actions, as if they consider themselves above the law and incapable of mistakes. It was an interesting lesson to learn.

I suppose then that the only way to prevent such doctors from repeatedly injuring babies in the same manner is to continue to bring lawsuits, and eventually their insurance company will take matters into their own hands...or perhaps the doctor's partners will step in? I'm just not sure, I find it very disheartening. You would hope that the doctors would be motivated by preventing the injury for the sake of the baby, not for preventing a lawsuit. That is not what we seem to be hearing, however.

Bridget

[christy]

Katie's care providers didn't learn a thing...they still injure a child about once a month, maybe not severely but still doing it. The midwife's standard practice is to use the vacuum extractor on her "shoulder dystocias"--I still don't get how sucking on their heads when their shoulders are stuck will get them out safely?

And the 20/20 show that the baby was cut--this happens regularly during c-sections with this particular practice from my understanding. It's sad, very sad.