Comments on: Sued for being late to a delivery http://www.kevinmd.com/blog/2007/07/sued-for-being-late-to-delivery.html Tue, 14 Feb 2012 19:56:00 +0000 hourly 1 By: jimeyershttp://www.kevinmd.com/blog/2007/07/sued-for-being-late-to-delivery.html#comment-112456 jimeyers Tue, 22 Sep 2009 19:41:16 +0000 http://clients.emmense.com/kevinmd/2007/07/sued-for-being-late-to-a-delivery.html#comment-112456 A thoughtful OB would be well advised to delegate to qualified MDs responsibilities for attending deliveries when the principle OB is not available. In addition patients should be informed of the possibility that the OB they have selected will not necessarily be the OB who attends the delivery. When such precautions have been taken there are no grounds for a law suit. If a suit is filed anyway the insurer can quickly dispose of it without consequnce tto the physician. In Pa. if there was a basis for a claim against the delivering physician to whom the delegation was made, and the plaintiff mindlessly includes the absent OB, the absent OB need only have a certificate3 of noninvolvement filed by insurance counsel and is immediately out of the case.Those who think the only way to deal with frivolous lawsuits is to impair the rights of all legitimate claimants should be careful what they wish for. Impairment of the right of civil action was one of the enumerated reasons for our declaration of independence. A thoughtful OB would be well advised to delegate to qualified MDs responsibilities for attending deliveries when the principle OB is not available. In addition patients should be informed of the possibility that the OB they have selected will not necessarily be the OB who attends the delivery. When such precautions have been taken there are no grounds for a law suit. If a suit is filed anyway the insurer can quickly dispose of it without consequnce tto the physician. In Pa. if there was a basis for a claim against the delivering physician to whom the delegation was made, and the plaintiff mindlessly includes the absent OB, the absent OB need only have a certificate3 of noninvolvement filed by insurance counsel and is immediately out of the case.

Those who think the only way to deal with frivolous lawsuits is to impair the rights of all legitimate claimants should be careful what they wish for. Impairment of the right of civil action was one of the enumerated reasons for our declaration of independence.

]]> By: mehttp://www.kevinmd.com/blog/2007/07/sued-for-being-late-to-delivery.html#comment-89953 me Tue, 24 Feb 2009 08:48:00 +0000 http://clients.emmense.com/kevinmd/2007/07/sued-for-being-late-to-a-delivery.html#comment-89953 why exactly is birth "a procedure" in the first place? what kind of bull is that! why exactly is birth “a procedure” in the first place? what kind of bull is that!

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/07/sued-for-being-late-to-delivery.html#comment-78394 Anonymous Mon, 30 Jul 2007 23:38:00 +0000 http://clients.emmense.com/kevinmd/2007/07/sued-for-being-late-to-a-delivery.html#comment-78394 This happened to me. My ob was on call but left instructions for her staff to phone her, not page her. She left her pager on her kitchen table and went to bed. They continued to page her and she never answered. I delivered in the middle of the night and the attending gave me a huge episiotomy that I didn't need. Well, he didn't know my case; I could have been any woman off the street...pre-natal care or not.<br/><br/>My physician was apologetic, sort of, but the buck did stop with her, not blaming it on the staff.<br/><br/>We were very lucky that mom and baby were OK...but I always wondered what I would have done if there was a complication. Would I have sued? Probably not. This happened to me. My ob was on call but left instructions for her staff to phone her, not page her. She left her pager on her kitchen table and went to bed. They continued to page her and she never answered. I delivered in the middle of the night and the attending gave me a huge episiotomy that I didn’t need. Well, he didn’t know my case; I could have been any woman off the street…pre-natal care or not.

My physician was apologetic, sort of, but the buck did stop with her, not blaming it on the staff.

We were very lucky that mom and baby were OK…but I always wondered what I would have done if there was a complication. Would I have sued? Probably not.

]]> By: Jazhttp://www.kevinmd.com/blog/2007/07/sued-for-being-late-to-delivery.html#comment-78356 Jaz Mon, 30 Jul 2007 14:04:00 +0000 http://clients.emmense.com/kevinmd/2007/07/sued-for-being-late-to-a-delivery.html#comment-78356 Found this:<br/><br/>Medical Malpractice Filings are Decreasing While Numbers of Doctors are Increasing<br/><br/> * The number of physicians in the United States has steadily increased from 268 per 100,000 population in 1996 to 285 per 100,000 population in 2002.<br/> * From 2000 through 2002, the three most recent years of data available, the rate of physicians has risen in every single state.<br/> * Medical malpractice filings per 100,000 population have fallen by 1% since 1998.<br/><br/>Damage Awards are Down<br/><br/> * Median payout for all tort cases dropped 56 percent between 1992 and 2001. According to the U.S. Department of Justice, the trend in damage size for tort cases is down. The median inflation-adjusted payout in all tort (personal injury) cases dropped 56.3% between 1992 and 2001 to $28,000.<br/><br/>Lawsuit Filings are Decreasing<br/><br/> * Tort filings have declined 5% since 1993.7<br/> * Contract filings, which are more likely to involve businesses than tort cases, rose by 21% over the same period.<br/> * Automobile tort filings, which make up the majority of all tort claims, have fallen by 5% since 1993 and by 14% since their high in 1996.<br/><br/># Medical Malpractice Filings per 100,000 Population in 11 and 17 States, 1993-2002, National Center for State Courts, 2004.<br/># Civil Trial Cases and Verdicts in Large Counties, 2001, Bureau of Justice Statistics, U.S. Dept. of Justice, 2004<br/># Health Care State Rankings, 1998 through 2004, "Rate of nonfederal physicians," Morgan Quinto. Found this:

Medical Malpractice Filings are Decreasing While Numbers of Doctors are Increasing

* The number of physicians in the United States has steadily increased from 268 per 100,000 population in 1996 to 285 per 100,000 population in 2002.
* From 2000 through 2002, the three most recent years of data available, the rate of physicians has risen in every single state.
* Medical malpractice filings per 100,000 population have fallen by 1% since 1998.

Damage Awards are Down

* Median payout for all tort cases dropped 56 percent between 1992 and 2001. According to the U.S. Department of Justice, the trend in damage size for tort cases is down. The median inflation-adjusted payout in all tort (personal injury) cases dropped 56.3% between 1992 and 2001 to $28,000.

Lawsuit Filings are Decreasing

* Tort filings have declined 5% since 1993.7
* Contract filings, which are more likely to involve businesses than tort cases, rose by 21% over the same period.
* Automobile tort filings, which make up the majority of all tort claims, have fallen by 5% since 1993 and by 14% since their high in 1996.

# Medical Malpractice Filings per 100,000 Population in 11 and 17 States, 1993-2002, National Center for State Courts, 2004.
# Civil Trial Cases and Verdicts in Large Counties, 2001, Bureau of Justice Statistics, U.S. Dept. of Justice, 2004
# Health Care State Rankings, 1998 through 2004, “Rate of nonfederal physicians,” Morgan Quinto.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/07/sued-for-being-late-to-delivery.html#comment-78354 Anonymous Mon, 30 Jul 2007 03:11:00 +0000 http://clients.emmense.com/kevinmd/2007/07/sued-for-being-late-to-a-delivery.html#comment-78354 Interestingly, the firm representing the plaintiff was primarily a defense firm. Interestingly, the firm representing the plaintiff was primarily a defense firm.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/07/sued-for-being-late-to-delivery.html#comment-78353 Anonymous Mon, 30 Jul 2007 03:03:00 +0000 http://clients.emmense.com/kevinmd/2007/07/sued-for-being-late-to-a-delivery.html#comment-78353 How do you distinguish a threat from a lawsuit? Be serious.<br/><br/>Anon, I'm not like you - I don't just guess at things and make them up. You can check out the National Center for State Courts reports, issued annually I believe. How do you distinguish a threat from a lawsuit? Be serious.

Anon, I’m not like you – I don’t just guess at things and make them up. You can check out the National Center for State Courts reports, issued annually I believe.

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/07/sued-for-being-late-to-delivery.html#comment-78352 Anonymous Mon, 30 Jul 2007 02:39:00 +0000 http://clients.emmense.com/kevinmd/2007/07/sued-for-being-late-to-a-delivery.html#comment-78352 Threats are not lawsuits- until they become lawsuits. How are we supposed to distinguish one from the other?<br/><br/>Oh yeah, Hire a LAWYER! Threats are not lawsuits- until they become lawsuits. How are we supposed to distinguish one from the other?

Oh yeah, Hire a LAWYER!

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/07/sued-for-being-late-to-delivery.html#comment-78351 Anonymous Mon, 30 Jul 2007 02:20:00 +0000 http://clients.emmense.com/kevinmd/2007/07/sued-for-being-late-to-a-delivery.html#comment-78351 CJD:<br/>Giving numbers without a source is meaningless. You did go to law school didn't you? CJD:
Giving numbers without a source is meaningless. You did go to law school didn’t you?

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/07/sued-for-being-late-to-delivery.html#comment-78340 Anonymous Sun, 29 Jul 2007 15:47:00 +0000 http://clients.emmense.com/kevinmd/2007/07/sued-for-being-late-to-a-delivery.html#comment-78340 This "sue happy" generation actually sues less than it did 20 years ago. The only increased suits are those of businesses suing each other. <br/><br/>Get the facts before you get too fired up. Threats are not lawsuits. This “sue happy” generation actually sues less than it did 20 years ago. The only increased suits are those of businesses suing each other.

Get the facts before you get too fired up. Threats are not lawsuits.

]]> By: Bohemian Road Nurse...http://www.kevinmd.com/blog/2007/07/sued-for-being-late-to-delivery.html#comment-78327 Bohemian Road Nurse... Sun, 29 Jul 2007 03:50:00 +0000 http://clients.emmense.com/kevinmd/2007/07/sued-for-being-late-to-a-delivery.html#comment-78327 I am extremely disgusted with this sue-happy generation. It is becoming ridiculous. <br/><br/>I recently heard of a family who threatened to sue a home health agency because their nurses had told their mother (the patient) that her refusal to follow any of the doctor's orders could cause life-endangering consequences to her health.<br/><br/>The family angrily stated that the nurses' warning the woman of those consequences "had frightened her".<br/><br/>Goddang, get REAL! These people actually wanted to sue for being told the truth about what would happen if the patient didn't follow the doctor's orders!<br/><br/>Sure enough, she died three weeks later. (And so they dropped their plan to sue....) I am extremely disgusted with this sue-happy generation. It is becoming ridiculous.

I recently heard of a family who threatened to sue a home health agency because their nurses had told their mother (the patient) that her refusal to follow any of the doctor’s orders could cause life-endangering consequences to her health.

The family angrily stated that the nurses’ warning the woman of those consequences “had frightened her”.

Goddang, get REAL! These people actually wanted to sue for being told the truth about what would happen if the patient didn’t follow the doctor’s orders!

Sure enough, she died three weeks later. (And so they dropped their plan to sue….)

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