An Erb Palsy case nets $2.7 million

November 1, 2006

Should’ve done the C-section earlier. Poor outcomes like these are scaring OBs into an all-time high in C-sections.

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{ 9 comments }

1 Gasman November 1, 2006 at 2:08 pm: “She said the family also was upset that Anastasi at no time acknowledged doing anything wrong during the delivery.
“This family felt like nobody was taking responsibility for this,” Nastri said. “

It’s like plea bargaining in criminal trials, except with no incentive for the doc to plead guilty. The implicit message from these folk is that they would not have sued if only an admission of guilt had been made. I find their suggestion improbable that they would have not pursued legal action in that case.
2 Anonymous November 1, 2006 at 3:05 pm: Any vaginal delivery is a missed chance at lowering your malpractice risk. All babies in the US should be delivered by C-Section. Otherwise the OB is saying “I’m willing to risk my malpractice insurance so you can experience the orgasmic pleasure of a vaginal delivery. ” What does the OB have to gain by allowing the woman this luxury? Then again, if he’s delivering babies, the OB is one of the few stupid enough not to limit his practice to GYN only. He deserves to be sued.
3 CJD November 1, 2006 at 7:15 pm: “The implicit message from these folk is that they would not have sued if only an admission of guilt had been made. I find their suggestion improbable that they would have not pursued legal action in that case.”

Then you are ignoring the statistical evidence that supports that exact claim. You can’t just clam up and expect people to go away as if it never happened.

http://www.memag.com/memag/article/articleDetail.jsp?id=111458
4 storkdoc November 1, 2006 at 7:33 pm: The problem, CJD, is that shoulder dystocia and erb’s palsy can occur even if you do everything correctly. There is probably no admission of guilt to be had.

Most cases of shoulder dystocia occur in patients without any risk factors. So most of the time when the turtle sign occurs, it’s unexpected. There are then a series of manoeuvers that are done to try and disimpact the stuck shoulder and it may be the fact the the shoulder is stuck to begin with that causes and the erb’s palsy and not the delivery itself
5 Anonymous November 1, 2006 at 7:40 pm: CJD, you are talking about something entirely different. These parents were upset, per their attorney, because the doctors wouldn’t admit they were wrong or take responsibility for the disability.

Your link talks about the failure of doctors in responding to patient questions and explaining what has happened.

There is a HUGE difference between explaining what has happened to a patient and making an admission of guilt. I would think, as an attorney, you would recognize this.
6 CJD November 1, 2006 at 8:14 pm: You guys are correct on what the attorney said – my mistake.
7 Anonymous November 1, 2006 at 9:15 pm: Well, I can give credit where it is due for admitting you’re wrong. Thanks.
8 Anonymous November 2, 2006 at 2:55 am: “Most cases of shoulder dystocia occur in patients without any risk factors.”

Isn’t vaginal delivery a risk factor for shoulder dystocia? This would have never happenned if the doctor was smart enough to have done a C-section. Would have saved him alot of trouble (and money)
9 Anonymous November 2, 2006 at 9:15 am: Or if he or his insurer had simply agreed to settle for policy limits. Looks like he has a bad faith claim against the insurer if it wasn’t his decision to rejet the settlement.