no wonder we have such high c/s rates — The Bump
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no wonder we have such high c/s rates

 

It's not because your doctor was trying to make tee time.  It's because her asss is on the line.  (stolen from Political board)
 
 
 
In Medical Malpractice Case, Jury Awards Record $58.6 Million
By
Matthew Sturdevant .
 on May 26, 2011 10:11 AM | Permalink | Comments (0) var addthis_pub="hartfordcourant";


A Norwalk couple was awarded $58.6 million Wednesday, a record for a single incident of medical malpractice in Connecticut, in a case involving an obstetrician accused of waiting too long to perform a cesarean section and a boy who was permanently brain-damaged.

The jury at Superior Court in Waterbury sided with Domenic and Cathy D'Attilo, whose son Daniel, now 8, has had severe cerebral palsy since he was born on Feb. 2, 2003. He is fed through a tube, uses a wheelchair, is unable to eat, talk or walk and is incontinent.

"When my son was born, he was born not breathing, blue, limp," said Cathy D'Attilo, the mother who sued her obstetrician, Dr. Richard Viscarello, and his practice, Stamford-based Maternal-Fetal Care PC. "He had seizures; he was on a ventilator. So, we knew something terrible had happened to Daniel."

D'Attilo, her husband and son said in their lawsuit that Viscarello did not perform timely incisions to relieve the upper uterine area, delayed the cesarean section, didn't create space for an atraumatic delivery and caused a delay in the delivery that led to permanent brain damage.

"It was discovered that he had lost oxygen to his brain, and suffered a brain injury," D'Attilo said.

The defendant's attorney, James Rosenblum of Rosenblum Newfield LLC in Stamford, said he will appeal if Judge Kevin Dubay allows the jury's decision to stand.

"He followed the rules, and the jury ignored that," Rosenblum said of the doctor.

The jury awarded the D'Attilos $8.6 million in economic damages for past and future care of their son, which is the amount their attorneys requested and demonstrated in court. The jury also awarded $50 million in non-economic damages, which was at the  jury's discretion. Additionally, there's a possibility of interest, which attorneys familiar with insurance law said adds up to millions more.

Daniel is Cathy D'Attilo's only child. Her husband, Domenic, has a daughter from a previous marriage. The couple had tried for six years to have a baby before resorting to in-vitro fertilization.

"It was a long road just to get pregnant," Cathy D'Attilo said.

Daniel is now a full-time job for his mother.

"Pretty much everything is dedicated and surrounded around Danny and his needs, and we do them with pleasure because he's our son. We love him," she said.

The now second-highest single-incident medical malpractice award in Connecticut also involved an obstetrician delivering a baby in 2003 at Stamford Hospital.

In 2008, a Stamford jury awarded $38.5 million in a lawsuit that found obstetrician Corinne de Cholnoky liable for waiting too long before she performed a cesarean section to deliver the second child in a pair of twins for Elizabeth Oram, according to the Connecticut Law Tribune. The first child, Emma, was fine, but the second child, Spencer, had severe brain damage from the delivery, according to the Law Tribune.

In that case, the doctor named Stamford Hospital as an apportionment defendant. She alleged that the anesthesiologist and operating-room nurses slowed the cesarean delivery, according to the Law Tribune. That case is under appeal, said Rosenblum, who represents that defendant, too.

Daniel D'Attilo was delivered on Feb. 2, 2003, and Oram's child, Spencer, was delivered two months later on April 4, 2003.

But in the D'Attilos' case, attorneys on both sides agree there is no connection to Stamford Hospital.

The hospital declined to comment because it was not named as a defendant in the case.

The attorney for the D'Attilos, Kathleen Nastri of Koskoff, Koskoff & Bieder in Bridgeport, said, "Stamford Hospital was a defendant in our case and we withdrew against Stamford Hospital because it appeared clear to everyone that they had not done anything wrong."

"And in the de Cholnoky case, Stamford was in the case through the verdict and the jury found in their favor," Nastri said. "So, there is no criticism implicit or explicit in either case."

Rosenblum said the theme in the two cases is that children with brain injuries are used to sway juries into awarding millions of dollars, a phenomenon that has been playing out in courtrooms for decades across the nation.

"The main parallel is that the jury goes ballistic," Rosenblum said.

https://blogs.courant.com/connecticut_insurance/2011/05/in-medical-malpractice-case-ju.html

 

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Re: no wonder we have such high c/s rates

  • So people think that docs do it for their own convenience?  Even without this article, I would think it's apparent that fear of being sued is a much more compelling reason.
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  • I thought the reason for the high rate was common knowledge?
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  • I almost had to have one but when they called to have the room set up it was already in use (both of them I assume) so the doctor yelled at me to push. I was scared at the thought of having a c-section to begin with so I pushed with all I had. Afterwards the doctor said he prefers c-sections. Huh?
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  • imaget watley:
    How unpopular is it that I was not bothered by my emergency c-section in the least? It scared the shiit out of me, but I do not have one single ounce of resentment about it.

    Oh, that's unpopular for sure!  Many people around these here parts go into a kind of group hysteria about it.

     

     

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  • imaget watley:
    How unpopular is it that I was not bothered by my emergency c-section in the least? It scared the shiit out of me, but I do not have one single ounce of resentment about it.

    me neither. and i was super duper gung-ho about an out the vag delivery.

    on the other hand, i got to put off the epi and the cs as long as i felt like it. one of my nurses was a little obnoxious, but by and large i had a great experience. i don't know how i'd feel if i experienced what some women have (huge collection of related discussion here). i think that the personnel you deal with during the birth matter a lot here.

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  • imagelaura_belle:

    imagewhinydaisy:
    I thought the reason for the high rate was common knowledge?

    Look on some of the other boards.  You will see the Tee-time crap tossed around constantly. 

    Oh yes, visit the birth stories board!  You're giving the gen pop too much credit.

     

     

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  • imageSookieFrackhouse68:

    imaget watley:
    How unpopular is it that I was not bothered by my emergency c-section in the least? It scared the shiit out of me, but I do not have one single ounce of resentment about it.

    Yeah, I hope to do a VBAC next time, but I was not upset over mine.

    I didn't realize so many of you had C- sections.
    I don't feel like I have much to add to these dicussions since I didn't.
    That is all.

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  • JillAlyJillAly member

    My mother didn't have a c-section because in those days, they weren't done like they are now.  They knew the cord was around his neck but let her deliver.  The baby died.  My father never thought of suing.  It was a risk that they all chose to take. 

    It seems like now someone always has to pay for judgment calls.  Yes, it's horrible what happened to that child.  It's also horrible if it wasn't a "mistake" but a "bad call" on what the doctor thought would be ok.  I'm not saying don't compensate the family - but there has to be a limit.  The reason so many OB's don't take insurance at all is because the malpractice rates are so high. 

    As for me, I had an emergency c-section with my son because my kidneys shut down and I almosst died.  My 2nd child was a planned c-section.  Did he choose a Tuesday for my c-section so he didn't have to come in on his days off- over the weekend?  Probably- but there was no risk (I was on hospital bedrest for a month) since I was being watched by nurses.  And- I can understand a doctor planning things for convenience- as long as there is little risk.

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  • I honest to God believe my dr did it out of convenience.  He pressured me into an induction b/c "it's healthier to have a baby a week early vs. a week late"-his words.  I agreed to one day before my due date.

    I got pitocin at 8:30am, he broke my water moments later (w/o warning me-it hurt like hell).  At 4pm I was 8 cm and he said it wasn't going fast enough.  Re-checked me at 5:30, still at 8 cm.  He said we could wait more, but I may not get to 10. 

    I felt very pressured.  I didn't really care about a c-section, so I went along with it.  DD was born at 6:15pm.  Doc was probably home by 7. 

    He induced both my sister and SIL early and both of them ended up with a c-section. I honestly believe he just prefers it that way.

     

  • lelekaylelekay member
    I can tell you from experience that many of decisions doctors make these days have to do with wanting to not get sued.  It sad that our society has become so litigious that that's one of the main things crossing their minds when coming up with a treatment plan....not necessarily the best plan, but the best plan to CYA.  Unfortunately, that's the way it must be, until we stop suing everyone for everything everytime someone has a bad bit of luck.
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  • Even though I never expected to have a c/s I don't regret having one & wish they had done it sooner, to be honest.  I was induced due to pre-e & I never dilated past 1 cm (if that).  It had been 9 hours since they broke my water.  Combine that with my high BP & LO's heart rate dropping there wasn't really any other option.

    If/when I'm pregnant again, we'll see what happens.  If I can have a VBAC, great.  If not, oh well.

    All that one year ago today...  *sentimental*

  • Happy Bday to purplecrayon's LO!

    I was sad that I had a Csection. My baby was not in distress or anything like that. I just wouldn't finish dialating (I was a 9.5 and they couldn't move the lip or turn TK) and I was tired as hell. I do wish I could have had a vaginal delivery for sure though. I don't 'blame' anybody, but I wish the nurse would have respected my wishes and not pushed me to get an epidural. Coming FROM my Dr. If I had been able to walk around more TK most likely would have turned more. Like I said I don't blame the nurse or anything because it was my decision, but I like to think if she hadn't offered it I wouldn't have asked. I was already a 7 at that point. Either way I now have a healthy child and I'm glad for that. Also I know my SIL's dr induced her because he wanted to go on vacation. He told her that. She didn't have a C-section, but some Dr's do do stuff like that. I wouldn't blame our high C-section rate on it though..

  • imagelelekay:
    I can tell you from experience that many of decisions doctors make these days have to do with wanting to not get sued.  It sad that our society has become so litigious that that's one of the main things crossing their minds when coming up with a treatment plan....not necessarily the best plan, but the best plan to CYA.  Unfortunately, that's the way it must be, until we stop suing everyone for everything everytime someone has a bad bit of luck.

    yeah, it's totally our fault.

    https://www.theunnecesarean.com/blog/2011/5/16/legal-settlements-as-a-substitute-for-the-right-to-care.html

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  • imagebstrangely:

    imagelelekay:
    I can tell you from experience that many of decisions doctors make these days have to do with wanting to not get sued.  It sad that our society has become so litigious that that's one of the main things crossing their minds when coming up with a treatment plan....not necessarily the best plan, but the best plan to CYA.  Unfortunately, that's the way it must be, until we stop suing everyone for everything everytime someone has a bad bit of luck.

    yeah, it's totally our fault.

    https://www.theunnecesarean.com/blog/2011/5/16/legal-settlements-as-a-substitute-for-the-right-to-care.html

    Can you clarify your point in quoting this? It is a blog and a biased one at that. Its sources are other blogs. I am not sure what you are trying to prove.
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  • I had 2 c-sections.  DD1 was an emergency.  Her heart rate was dropping and not coming back up.  My fluid was dangerously low.  My water broke but never really had contractions so we had to get her out. 

    With DD2 I would have tried for a VBAC but she was transverse the whole time and had the cord around her neck 3 times.  I have 2 healthy babies so that's what was important to me.  After what I went through to stay pregnant and keep them in as long as possible I was happy with the outcome. C-sections weren't my preference but I didn't have a bad experience.  I'm not bitter about it but I can see how some women would feel that way.  Especially if they feel like it was an unnecessary decision. 

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  • another unintended consequence - many good doctors don't want to go into obstetrics due to malpractice insurance, etc.

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  • imageHeather R:
    imagebstrangely:

    imagelelekay:
    I can tell you from experience that many of decisions doctors make these days have to do with wanting to not get sued.  It sad that our society has become so litigious that that's one of the main things crossing their minds when coming up with a treatment plan....not necessarily the best plan, but the best plan to CYA.  Unfortunately, that's the way it must be, until we stop suing everyone for everything everytime someone has a bad bit of luck.

    yeah, it's totally our fault.

    https://www.theunnecesarean.com/blog/2011/5/16/legal-settlements-as-a-substitute-for-the-right-to-care.html

    Can you clarify your point in quoting this? It is a blog and a biased one at that. Its sources are other blogs. I am not sure what you are trying to prove.

    my point is that "litigious society" does not do this justice:

    "The problem with lawsuits is that most patients do not WANT to sue their doctor but when they bring home a neurologically impaired infant they will find that there are many many expenses that will not be covered by medical insurance. For example, my patient with the amniotic fluid embolus had to work opposite shifts with her husband because they could not afford the type of child care that was needed by their child. Despite never spending any time home together, they still went bankrupt. With only one potential source to obtain the money needed to sustain their family they decided to file a lawsuit and received a 4.5 million dollar settlement from our hospital. Our hospital had no fault in this patient?s care but they were afraid of a larger jury verdict."

    do you think that doesn't happen? what, should they just lock that kid in the closet?

    do you think doctors don't make mistakes?

    https://www.usatoday.com/yourlife/health/healthcare/doctorsnurses/2010-08-20-medical-errors-malpractice_N.htm

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  • Ok, I got you now, bstrange. Of course doctors err. And many behave totally heroically when a complete emergency happens, make no errors at all, and still get their assses handed to them. My original point in posting is not about doctors erring so much as it is about doctors trying to avoid the uncontrollable aspects of birth in favor of the control of a cs so it cannot be said that they erred. You feel me?
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  • imageHeather R:
    Ok, I got you now, bstrange. Of course doctors err. And many behave totally heroically when a complete emergency happens, make no errors at all, and still get their assses handed to them. My original point in posting is not about doctors erring so much as it is about doctors trying to avoid the uncontrollable aspects of birth in favor of the control of a cs so it cannot be said that they erred. You feel me?

    right, but as the thread continued, people seemed to be implying that a lot of the litigation that drives the numbers up was frivolous.

    you know what i notice? that all the countries with lower c/s rates than us have socialized medicine. and even weirder, the incentive you're talking about is imaginary: c-sections are not less risky than vaginal births. the preference for c/s is also not nationwide but just in some areas that drag the percentage up in the rest of the nation.

    https://www.msnbc.msn.com/id/20427256/ns/health-pregnancy/t/more-us-women-dying-childbirth/

    i'm just saying, i think things are much more complicated than just our litigious society making doctors skittish.

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  • imaget watley:
    How unpopular is it that I was not bothered by my emergency c-section in the least? It scared the shiit out of me, but I do not have one single ounce of resentment about it.

    I agree 100%.   

    Formerly known as elmoali :)

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  • imaget watley:
    How unpopular is it that I was not bothered by my emergency c-section in the least? It scared the shiit out of me, but I do not have one single ounce of resentment about it.
    Ditto! And this is why NICA exists in FL. (for those who don't know, NICA is the Neurological Injury Compensation Association, which was put in place by the FL state legislature to protect both parents and doctors and provide a fair pay-out without endless legal fees in the event of neuro injuries during birth.)
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  • I had a scheduled c/s I didn't make it to and ended up having the girls by emergency c/s 4 hours early. Baby B was transverse and I had no desire to try to deliver Baby A vaginally and then be rushed into a c/s for Baby B. It worked out anyway because I had complications that would have easily ended in hysterectomy or killed me had I tried vaginally.

    I can't try for a VBAC and as much as I had such a horrible c/s experience, I'll do it again.

  • Oh jesus fcking mother fcuking shiitballs christ on a goddamn raft. That's all I got for ya, Heather.
  • imageToledoDeux:
    Oh jesus fcking mother fcuking shiitballs christ on a goddamn raft. That's all I got for ya, Heather.

     

    Guess how much I love you Toledo. 

     

    Here's a hint: it's a lot.

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  • imaget watley:
    How unpopular is it that I was not bothered by my emergency c-section in the least? It scared the shiit out of me, but I do not have one single ounce of resentment about it.

    After 26 hours of induced labor that kicked in nicely and didn't even require petocin, I was relieved to hear c-section.  DS never moved past 0 even after all that time and 2 hours of pushing.  The hospital my MW/OB practice is affiliated with even has a no VBAC policy and I still don't care. 

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  • imaget watley:
    How unpopular is it that I was not bothered by my emergency c-section in the least? It scared the shiit out of me, but I do not have one single ounce of resentment about it.

    I feel the same as you do, I had two Csections.


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  • shakesshakes member

    I still have issues with my c/s. We "planned" (and no we were never one of those, it's our way or no way people, we were all about things changing and going with it) on an unmediated vag birth with a midwife. My blood pressure skyrocketed in the last few weeks, I ended up with an OB I didn't know (who was amazing). DS was over 11 pounds, and it was just not going to happen. They broke my water and put me on a pit drip for 15 hours (DS was totally fine, didn't even get a jump in heart rate). They told me I could get an epi and see if it relaxed me enough to dilate, but the chances were so slim. So c/s it was. I'm grateful DS is healthy and all went well.

    That being said, I did not feel pressured in anyway, and all issues surrounding the c/s and post partum that followed are not a result of the dr's decisions but my own inability to get past it. Something that did help ,was the OB telling me the next day he was very proud of us and that, 100 years ago DS and I would not have made it through birth. That really put it in perspective at the time.  

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  • I would have married my c/s if I could have. 

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    Unable to even.  

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  • shakesshakes member
    imagecinema_goddess:

    I would have married my c/s if I could have. 

    This made me LOL!

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  • vcusanovcusano member

    imaget watley:
    How unpopular is it that I was not bothered by my emergency c-section in the least? It scared the shiit out of me, but I do not have one single ounce of resentment about it.

    Not unpopular at all to me!  I 100% agree!  I'm glad thay my OB did the emergency C instead of waiting.  Like you said, it was scary, but why take the chance of harming the baby, just so I can give natural birth???  Doesn't make sense to me and sounds pretty selfish.  I may have had to be put under for the procedure and didn't get to experience the birth of him, but, I get to enjoy him everyday for the rest of my life and know that he is happy and healthy!!!  I'd do it all over again in a heartbeat :)

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