Jury Awards $58.6 million for OB/GYN mistake - page 4
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
- 4Jun 6, '11 by klone, BSN, RNQuote from azhiker96What a pity. If they had just settled, which I'm sure was offered to them, they would have the money NOW to save their home and pay their son's medical bills.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.
- 0Jun 6, '11 by klone, BSN, RNQuote from Turd FergusonDidn't the jury just reach a verdict last week?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.
- 0Jun 6, '11 by Turd FergusonQuote from kloneThat's what I can gather, I doubt the lawsuit began within the first year of the child's life though. A lot of times lawyers will wait until the last minute to initiate the process, leaving plenty of room for those on the witness stand to forget about incidents, thus bolstering the prosecution's case. In similar cases, I believe the window is around 7 years from the incident to start proceedings.Didn't the jury just reach a verdict last week?
- 2Jun 7, '11 by DoGoodThenGoQuote from Turd FergusonIn NYS you have until the child reaches 21 years of age (or maybe 18) to file a lawsuit regarding damages at birth.That's what I can gather, I doubt the lawsuit began within the first year of the child's life though. A lot of times lawyers will wait until the last minute to initiate the process, leaving plenty of room for those on the witness stand to forget about incidents, thus bolstering the prosecution's case. In similar cases, I believe the window is around 7 years from the incident to start proceedings.
As for the family not seeing a penny of this money, nor will they in the near future; that is very common.
The defense will drag things out not only through the initial court case, but with appeals as well. IIRC some states allow the winner of monetary damages to collect interest from the time the initial case is won until all appeals are exhausted and or sums paid. In theory this should make the defense think twice about dragging things out.
Being as all this may, judgements for large sums for claims of damage at birth are often reversed on appeal. Usually but not always these decisions aren't based upon the merit or not of the lawsuit, but finding of an legal error at trial that affected the defendant. This is where all those "objections" and "sustained" or "denied" come into play.
Here is a recent NJ case involving Riverview Hospital:
For those whom reading case law isn't their thing!
- 0Jun 7, '11 by JG_0311Quote from bols27That is very true, people go into the hospital/Dr's office expecting perfect outcomes. I would say that they are being naieve, except for the fact that we have a nation full of lawyers fighting to ensure their right to this perfection (not to mention lining there own pockets). Mistakes are made, and accidents happen, but nobody wants to hear that, and when the slightest thing goes wrong they can't dial a lawyer fast enough.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.
- 1Jun 7, '11 by DoGoodThenGoQuote from JG_0311Yes mistakes and accidents do happen, but they mustn't happen too often.That is very true, people go into the hospital/Dr's office expecting perfect outcomes. I would say that they are being naieve, except for the fact that we have a nation full of lawyers fighting to ensure their right to this perfection (not to mention lining there own pockets). Mistakes are made, and accidents happen, but nobody wants to hear that, and when the slightest thing goes wrong they can't dial a lawyer fast enough.
Then there is the very real question of just how much or if any recompense is required for an infant (since we're on that page currently), harmed or otherwise at delivery.
After nine months and several hours (or days) of labour, a woman is delivered of a healthy infant who only a few hours into living was rendered brain damaged (cerebal palsy) due to lack of oxygen caused by improper intubation by a nurse. I double dog dare you to be the one who has to march into that mother's (parent's) room and break this news chalking it up to "mistakes and accidents do happen", followed by the old standard "you're still young and can have another....."
While no one is in favour of running to the courts over each little matter, in the United States at least vast improvements have been made in many areas as the result of a large jury verdict. Sadly that is the only thing some persons listen to, for if the fines/penalties are too low they shall be treated merely as a cost of doing business.
Lawsuits in open court are probably the only way the public gets to find out just what is going on in many areas, including healthcare/hospitals. Why else would doctors/hospitals quickly insist as part of any settlement of a court case that the records be sealed and all parties bound by a secrecy agreement.
- 0Jun 7, '11 by honeykrownNo wonder more doctors are shying away from being OB/GYN's. If everyone runs away i wonder what would happen to women seeking prenatal care.
And people wonder why health care cost so much. Because physicians have to pay back their school loans and keep the left over's for the risk of lawsuits like this.
I can never understand what the parents are going through but then I hope they know that in seeking justice for themselves, they have messed it up for a whole lot of people.
If they are not really after the money, whatever money they get should be put back in awareness for and education of OB/GYN in cases like this (after medical adn lawyer fees of course)
- 2Jun 7, '11 by BunnyBSNQuote from mama_dThis is insane...only in America!!! I think if people could sue b/c poor lighting in a restaurant they would. But this is very sad that this pt wanted to sue b/c people worked hard to bring her back to life. Broken ribs, yeah. I wonder if she or her family would rather have her died. This is absolutely pathetic. When did appreciation of life become obliterate in this society?We had a pt who coded, was brought back, and was getting ready to be d/c'd home. All she could talk about was how she already had a lawyer lined up to sue the hospital and staff for causing her pain b/c her ribs were broken during CPR. That's the average American nowadays I guess.
Had a 92 year old who came in septic with multi-organ failure, eventually died at the hospital...family filed suit, saying that it was our facility's fault that he died.