Jury Awards $58.6 million for OB/GYN mistake - page 3

by Turd Ferguson 9,085 Views | 47 Comments

original article located here some of the comments at the bottom of the page are interesting, some are downright stupid. what are your thoughts?... Read More


  1. 5
    I think juries have a tendency to see the Dr. as a non human machine that should never make a mistake, and can fix any situation. The simple fact that they have no idea what it is like to be a doctor or even a nurse (as im sure any medical professional would be dismissed from a medical malpractice jury during juror selection) makes them completely unqualified to make any decision or award based on the case. Is a jury capable of deciding if an act is done with malicious criminal intent? probably in most cases. are they capable of second guessing a judgement call by a doctor? absolutely not. Malpractice cases should be reviewed by medical review boards and awards decided by specialized individuals who have full medical training and experience. In my opinion, by the letter of the law malpractice cases that go to trial are unconstitutional. These doctors are in no way tried by a jury of their piers. Aside from that fact, this just goes to show the horrible mentality of our country. An unreasonable medical malpractice settlement in no way heals the pain caused by losing a child. I agree that if there was something negligent done then the parents should be awarded enough money to reasonably take care of that child, but not to buy a yacht and mansion. Simply seeking such a large settlement is deplorable.
    I chose to pursue nursing as opposed to medicine because of this sort of situation. When is the last time you heard of a jury considering the physicians debt for education, personal sacrifice, overwhelming amount of responsibility, and loss of their entire livelyhood when awarding such a ridiculous amount of money. I mean they had to consider the personal effect of the action on the plaintiff, why not the defendant?
  2. 9
    Quote from HeartsOpenWide
    Decisions are made like these because all a jury can see is a severally damaged or dead baby.
    And a damaged baby is worth more than a dead baby, in litigation.
    wooh, herring_RN, Not_A_Hat_Person, and 6 others like this.
  3. 3
    Quote from Arcticrainbows
    I don't agree with the decision made by the jury, however I think it is sickening to automatically assume that he mother of this child "saw dollars signs". I highly doubt when her baby came out blue she thought to herself "hell yeah! Now I can buy a new car!"

    All this talk is going around about how the jury is not medically trained and therefore can not make an accurate judgement in the case, but we have to understand that the family of this child is not medically trained either, and I'm sure there is no way to assure them that something did not go wrong. They can talk to 10 different doctors and all of those doctors will have a different opinion on what could have been done differently, if anything.

    Right now I am looking at my little girl in the pool and reading this brings me back to when she was born. I had problems and they were going to induce me about a week early. Well I get all settled into my room thinking I would have the baby the next day and the doctor calls and says they are going to do an emergency csection in 30 mins!!! I didn't know what was going on, and there wasn't even enough time to ask questions and get answers so I had to trust my doctor. Fortunately I don't have to spend the rest of my life wondering if my doctor "jumped the gun" or did it too late.
    "Not understanding something" or "not asking questions" does not mean your doctor did something wrong. Sometimes, things have to happen in a hurry; and sad to say, if most patients cannot remember their conversation with thier doctor 5 minutes after an OFFICE VISIT; it's quite probable that YOUR doctor explained the reasons for your emergency c-section; asked if you had questions, and left feeling that you communicated.
    "Not remembering" does not mean it did not happen; it means that you did not register it. There is NO way for health care professionals to ascertain that you have REALLY taken information in, once they have asked and gotten an affirmative reply to "do you understand?, and tell me what the doctor just said".
    wooh, Mrs. SnowStormRN, and Jolie like this.
  4. 8
    Quote from Kooky Korky
    Who cares what they "go through"? When someone is damaged, it costs money to take care of them. Good feelings, reasonableness - these do not buy diapers, therapy, wheelchairs, hospital beds, remodeling of the home to accommodate the handicapped person, and on and on and on and on and on and on, etc.

    Doctors go to school and do a residency. yes, they're fallible and human, sure they agonize over many dilemmas and have to use judgment, no they're not always right. The outcome is horrendous when they guess wrongly.

    What about what the family has to "go through" and what the direct victim of the doctor's error has to "go through"?

    If any reform is needed, it should be in the amount the lawyers get from the plaintiffs. Reduce that to about 10%, down from the standard 33%. Now that would be reform.
    GUESS?!! Do you actually think that doctors GUESS a patients ailment?

    Medicine is as much an art as a science, as intuitive as it is factual; and sorry to tell you poster; life does not come with guarantees.

    The sickness is NOTthe healthcare practioner's fault. People get sick, they fail, they die.

    Yes, practioners do err, but too often lawsuits are borne of people just not liking the outcome. "WHAAT! I have to pay for diapers, PT, wheelchairs, and home modifications?" Well, I guesss we have to sue!
    Asinda, wooh, DizzyLizzyNurse, and 5 others like this.
  5. 4
    Quote from klone
    And a damaged baby is worth more than a dead baby, in litigation.
    Exactly, a damaged baby is still living and will need life long medical support
    wooh, herring_RN, lindarn, and 1 other like this.
  6. 7
    One problem is the prevailing legal attitude that poor outcomes are the result of something the doctor does. In most cases, a doctor does not start with a healthy patient and then make them sick. Instead, they start with an ill patient and attempt to make them well. Sometimes there are no interventions that will yeild the desired result but there is always a slick lawyer ready to sue on behalf of the family who's lost their loved one.
    mama_d, That Guy, DizzyLizzyNurse, and 4 others like this.
  7. 0
    Quote from steelydanfan
    "Not understanding something" or "not asking questions" does not mean your doctor did something wrong. Sometimes, things have to happen in a hurry; and sad to say, if most patients cannot remember their conversation with thier doctor 5 minutes after an OFFICE VISIT; it's quite probable that YOUR doctor explained the reasons for your emergency c-section; asked if you had questions, and left feeling that you communicated.
    "Not remembering" does not mean it did not happen; it means that you did not register it. There is NO way for health care professionals to ascertain that you have REALLY taken information in, once they have asked and gotten an affirmative reply to "do you understand?, and tell me what the doctor just said".
    I'm not exactly sure where you are going with this... For one I didn't say I couldn't remember what went on. Also, there were 3 other people in the room with me (including my mother-in-law taking notes of everything my nurse said until the doctor got there because we were smart enough to realize that I was in a high stress situation and wouldn't in fact retain a lot of information).

    Maybe you are just looking for a reason to make a personal attack on my post, I'm not sure. But just to clarify (and you may want to go back and reread what I posted) but I never said or tried to indicate in any way that my doctor did something wrong. I was trying to make the point that as untrained people we have to allow our doctors a certain amount of judgement as medical professionals to mKe decisions on our behalf in an emergency situation.
  8. 1
    Let's get this thread back on track... here's a link to a video interview with the family

    The kid's 8 years old, and they say they haven't seen a penny of the lawsuit money yet... interesting.
    lindarn likes this.
  9. 1
    I wonder if the parents truly believe the MD caused their sons' condition, or if they were just after the money.
    Last edit by imintrouble on Jun 6, '11
    wooh likes this.
  10. 3
    I think the parents in this case are exhausted from caring for a special needs child. They were courted by a lawyer who's sold them a bill of goods. The family was hoping this settlement would help them keep their house which is in foreclosure. Apparently their lawyer didn't talk to them about the appeals process which can stretch out for years.
    When anything is paid, the lawyer's expenses will come off the top. Those expenses include fees for expert witnesses and his normal legal fees. Anything collected above that will be split according to their contingency agreement. If the doc had a $1M malpractice policy the lawyer will get most if not all of that.
    lindarn, Hospice Nurse LPN, and Fiona59 like this.


Top