Just Plain Ruff Posted October 17, 2012 Posted October 17, 2012 I can imagine we will never know what happened as this will be settled out of court fully and probably the details will be sealed, or at least the details of the settlement will be. The doctor will never ever ever ever admit fault nor will they ever talk in public. But the family will. That's the side that we will hear from.
ERDoc Posted October 17, 2012 Posted October 17, 2012 You will NEVER be able to win a dead baby case. It just won't happen. The best bet is to settle for as little as possible and be done with it.
Just Plain Ruff Posted October 17, 2012 Posted October 17, 2012 I never meant to allude that the doc could win. HES TOAST but yes he has to settle a jury will crucify him. Sent from my SPH-D710 using Tapatalk 2
ERDoc Posted October 18, 2012 Posted October 18, 2012 I didn't mean to imply that you implied that. I was just putting a blanket statement out there that applies to EMS too. You can respond to a 18 week crackwhore who is drunk, high and smoking who goes into preterm labor and have her at the hospital within 5 minutes of calling 911. The fetus will die but everyone will be sued and there is a good chance it will be successful. In the US legal system dead baby=lottery ticket. 1
Secouriste Posted November 9, 2012 Posted November 9, 2012 Well, that's a crazy story... The thing I don't understand is who is providing the so-called "facts" here. Most of the content we have is quoted from "the complaint". So is it described through the eyes of the parents? Where was the father standing? Beside the mother, where the sterile "tarp" would hide the view? Looking above the doc's shoulder? If the decapitation was internal, how one could tell it happened? For it to be visible, assuming that the doc was pulling the arm + head, how hard did he yank back to tear off everything? Wouldn't the shoulder dislocate first? How come he could do something as stupid as pull the head? I know I'm not qualified enough to judge, but I have procedures for birth-giving too and it says in bold and red never pull the head of the newborn. Then he pushed the head and the arm and the bit of shoulder that was out... back in. Well, that's plain creepy but okay. Then it says that during the c-section, the head was removed. Why the hell would one mutilate a newborn in such way, when he's already supposed to be dead? Maybe the head hadn't been pushed back far enough. Or maybe the mother's state was deteriorating so he panicked and ended the whole mess as soon as possible? I think the article is just to blurry and incomplete and way to much oriented toward emotion rather than facts and analysis. If the doctor didn't provide any explanation, I can't see how the parents could guess an internal decapitation had occurred, and how the hell could they describe blood flowing out from the severed arteries? Given that a complete removal was performed later, the first thing described as a decapitation could only be that only the trachea was still holding... That's just impossible. Baby has so much fat around their neck that before the arteries would become visible and snap, the spine and airways would have been dislocated... Well, that's just random ramblings, but in such a messy situation, with such few and crazy facts, can we do more than that? Even on a legal standpoint, this whole thing is impossible for a judge to sort out. I just hope the judicial file is more detailed and less dramatized.
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