How devastating. It is refreshing that it’s thrown out. But it just doesn’t take away getting “served” sending in the piece of paper with credentialing for doing a good job. There also has to be some kind of recourse for this type of “expert”
You took the words out of my mouth with point 2. I don't want to sound insensitive toward a patient who clearly went through a harrowing experience, but I'm not sure it gets more ungrateful than to sue the physician who saved your life and your child's. It reminds me of the case you posted where a patient sued the oncologist WHO CURED HIS CANCER because of a temporary side effect from bleomycin.
All this to say nothing of the plaintiff's expert, who at minimum should be reviewed by ACOG who saw fit to grant them fellowship designation. This smacks of unethical testimony, especially when his standards as an "expert" would have found his own practice of obstetrics to be riddled with malpractice.
Love reading your analysis. Thanks! This case sounded scary for all but it reminds me of when I was sued (as a resident) for a poor cosmetic outcome after a hemi-facial resection for sinus cancer…. Sigh.
"ipse dixit" - that phrase alone is worth the price of admission. It seems pretty common in various realms of life, but doctors usually qualify their opinions as just that - opinions. I'm glad this 'expert' got his comeuppance.
These types of frivolous lawsuits should have some monetary consequences for those that bring them to court......This would be AKIN to a post traumatic arrest patient suing me after they were revived and sent home with a good outcome.
The plaintiffs attorneys spend a good chunk of time on this and pay the expert witnesses, paralegals, etc... so they definitely have some financial pain. Maybe there should be extra penalties they have to pay for such awful lawsuits.
In my state it is common for the defendant to sue for court costs if they win the case. In some genuine cases this is pretty cruel to the plaintiff, given insurance paid the defendant's bill and the plaintiff has to pay out of pocket. But it is certainly justified in other cases.
Do you know if that happens under a whole new lawsuit, or would the documents be found attached to the original lawsuit after the verdict? I'd love to find some real examples.
It's part of the original trial, at the judge's discretion. Here's one from Delaware, in which the original suit has been appealed to the state Supreme Court. It's a very sad story. This is the superior court judge's order on the plaintiff's request for a new trial and defendant's motion for costs, after the plaintiff lost a case against medical providers for the death of their newborn.
Great case - just OB here. Just 1 typo in your opening paragraph -she's a G2P0 - the expert talks about her being P0010 meaning she had a previous sAb or eAb but no deliveries.
Quite frankly, that doc did AMAZING to keep her uterus in her. And yes, she definitely has birth trauma & will likely go down the rabbit hole of granola alternative medicine. Unfortunately, it's a common theme.
Thanks for pointing that out! Totally agree with high probability of going down the alternative medicine pathway which would be extra dangerous if she has another PPH.
I can understand the criticism of medicine ignoring birth trauma to an extent - this would definitely qualify. But not getting the delivery you want usually does not qualify.
IE, just delivered a patient via CS - mom is an L&D nurse. CS was DEFINITELY not in the plan. But...they both realized that safe way meant changing up their plans.
I counsel my patients to have "wishes" not plans. And to be flexible when things go differently than expected.
How devastating. It is refreshing that it’s thrown out. But it just doesn’t take away getting “served” sending in the piece of paper with credentialing for doing a good job. There also has to be some kind of recourse for this type of “expert”
You took the words out of my mouth with point 2. I don't want to sound insensitive toward a patient who clearly went through a harrowing experience, but I'm not sure it gets more ungrateful than to sue the physician who saved your life and your child's. It reminds me of the case you posted where a patient sued the oncologist WHO CURED HIS CANCER because of a temporary side effect from bleomycin.
All this to say nothing of the plaintiff's expert, who at minimum should be reviewed by ACOG who saw fit to grant them fellowship designation. This smacks of unethical testimony, especially when his standards as an "expert" would have found his own practice of obstetrics to be riddled with malpractice.
Love reading your analysis. Thanks! This case sounded scary for all but it reminds me of when I was sued (as a resident) for a poor cosmetic outcome after a hemi-facial resection for sinus cancer…. Sigh.
"ipse dixit" - that phrase alone is worth the price of admission. It seems pretty common in various realms of life, but doctors usually qualify their opinions as just that - opinions. I'm glad this 'expert' got his comeuppance.
I definitely learned a few new phrases from the defense attorneys smack down of the attorney! Incredibly well written.
That was definitely not where I thought the case was going to go when it started. Absolutely terrible that this OB was sued over this.
Wow, the summary of that deposition was great to read, I wish expert witnesses faced this level of scrutiny more often! That expert was demolished.
These types of frivolous lawsuits should have some monetary consequences for those that bring them to court......This would be AKIN to a post traumatic arrest patient suing me after they were revived and sent home with a good outcome.
The plaintiffs attorneys spend a good chunk of time on this and pay the expert witnesses, paralegals, etc... so they definitely have some financial pain. Maybe there should be extra penalties they have to pay for such awful lawsuits.
In my state it is common for the defendant to sue for court costs if they win the case. In some genuine cases this is pretty cruel to the plaintiff, given insurance paid the defendant's bill and the plaintiff has to pay out of pocket. But it is certainly justified in other cases.
Do you know if that happens under a whole new lawsuit, or would the documents be found attached to the original lawsuit after the verdict? I'd love to find some real examples.
It's part of the original trial, at the judge's discretion. Here's one from Delaware, in which the original suit has been appealed to the state Supreme Court. It's a very sad story. This is the superior court judge's order on the plaintiff's request for a new trial and defendant's motion for costs, after the plaintiff lost a case against medical providers for the death of their newborn.
https://casetext.com/case/abbott-v-dedicated-to-women-obgyn-pa-1
Sad case. Thanks for the link!
Great case - just OB here. Just 1 typo in your opening paragraph -she's a G2P0 - the expert talks about her being P0010 meaning she had a previous sAb or eAb but no deliveries.
Quite frankly, that doc did AMAZING to keep her uterus in her. And yes, she definitely has birth trauma & will likely go down the rabbit hole of granola alternative medicine. Unfortunately, it's a common theme.
Thanks for pointing that out! Totally agree with high probability of going down the alternative medicine pathway which would be extra dangerous if she has another PPH.
I can understand the criticism of medicine ignoring birth trauma to an extent - this would definitely qualify. But not getting the delivery you want usually does not qualify.
IE, just delivered a patient via CS - mom is an L&D nurse. CS was DEFINITELY not in the plan. But...they both realized that safe way meant changing up their plans.
I counsel my patients to have "wishes" not plans. And to be flexible when things go differently than expected.