Another malpractice case where a C-section was done too early. “The lawsuit alleges Gulick developed lung disease because doctors performed a Cesarean section delivery too early.

Doctors then administered anesthesia to the infant in preparation for surgery to repair an unrelated abdominal defect. The anesthesia exacerbated the child’s breathing difficulties, and ultimately led to his death, according to the lawsuit.

The plaintiffs claim recommended tests to check the baby’s lung maturity before the C-section were not performed, and that surgery — and thus the anesthesia — could have been deferred safely until his lung condition improved.”

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  • Anonymous

    Perhaps CJD or one of the other lawyers can educate me…

    The way I read the article, they have determined damages, but not yet determined liability. I thought that liability was always determined first.

    Also, the jury is described as a “federal” jury. Isn’t medmal usually in a municipal or state court?


  • Anonymous

    Trials can be bifurcated, but frankly I’ve never seen one where they do damages first. Maybe the parties requested it to help them get a handle on the value and they anticipate settling now that they know the amount. Sort of like a high-low arbitration.

    Municipal courts are usually misdemeanors and low damage courts, so I doubt it would be in municipal. It is likely in federal court because one of the defendants is an out of state corporation and removed it from state. Although some federal courts have a faster docket so plaintiff’s lawyers like to file in them to move a case along quicker. After all, contrary to physicians’ popular belief, it’s not usually in the plaintiff’s counsel’s best interest to drag a case out since they aren’t getting paid hourly.

  • Samson Isberg

    Again, it is quite impossible for us to evaluate what really has happened. How early was the C-section done, and why? Those simple facts would enable us to at least try to see if any wrongdoing has taken place.

    The decision to do a C-section to deliver a very premature baby is a very difficult one, and in my hospital one of the decisions that most often gives rise to discussion and disaggreements between doctors (and I am talking specialists here, both in OB and in neonatology).

    So, in this case they let a jury decide with aftersight instead, postmen, bakers, cab drivers and grad school teachers. What a system.

  • Anonymous

    So, in this case they let a jury decide with aftersight instead, postmen, bakers, cab drivers and grad school teachers.
    Do you mean grade school teachers or graduate school teachers? I’d imagine the latter are pretty smart.

  • Anonymous

    Grade school teachers, on the other hand, are drooling morons incapable of understanding complex subjects.

  • Samson Isberg

    Yes, in my country at least, they are. I’ve put three kids through grade school and talked to more teachers than you could imagine. Yes, they are completely ignorant of even the most basic facts of life. Most of them didn’t even know how the babies got into the womb, let alone how they should get out of it.

  • jenny

    Hey, stop picking on grade school teachers. Many graduate students I know kept going to school because they were too dumb to actually join what is going on in real life. Now if you want to talk about dumb — every fireman I meet seems to meet my stereotypical expectations. But hey, the chick love them, at least the dumb ones.

  • Anonymous

    What the hell is it with Firemen? My wife drools every time she sees one?

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