August 2, 2005

Here’s a twist: A doctor and hospital are sued for performing a C-section too early

“The suit, filed against Willow Creek Women’s Hospital in Johnson, among others, claims the baby suffered adverse health consequences from a premature birth because another defendant, Dr. George R. Cole, decided to perform a Caesarian section.

Cole, who was on call at the hospital when Hutchison went there, testified Monday that he determined the baby needed to be delivered via C-section after being told over the phone by a nurse at Willow Creek that Hutchison’s membrane had ruptured and there was a breach presentation of the baby.”

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{ 27 comments }

1 Anonymous August 8, 2005 at 2:09 pm

“those harmed by the caps, the people injured the worst”

As you would likely say, “this is hearsay” Do you have any study that proves that the most injured are harmed the most by caps? After all, it’s accepted that very few people at all win anything in the current tort “lottery” climate. Also, the Wall Street Journal reported that one of the effect of the caps is that Texas lawyers are less likely to accept cases, due to the lower likelihood of huge payouts, leaving some of these “people injured the worst” without a lawyer to represent them.

2 Curious JD August 8, 2005 at 2:24 pm

I think you don’t understand what hearsay is.

Either way, one can assume that a case which has $250,000 in non-economic damages probably has some significant injury. I have never seen a case with those kind of pain and suffering damages that didn’t involve a life long problem.

Interesting that you compare it to a lottery. A lottery is when you get something for nothing or for very little out of your pocket. I’d say the loss of brain function, one’s breasts, etc. would be quite a bit to bear. There are plenty of lottery winners who continue to buy tickets and look forward to winning again. Ever seen anyone with a malpractice claim that wouldn’t rather be healthy?

But hey, I know thinking about the actual harm suffered isn’t really your thing.

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