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I too asked about my situation - I could say that it may not have
been necesary to do the c/s if they had ruptured the membrane or at least
examined me within 8 hours of getting to the hospital (they didn't but the
dr was busy!)
I could say that the dr had stated that iw as a waste of time - the
only proof was a midwife who seems illusive now. (whoops - no
witness!)
I can even prove thatthey cut me crroked and sewed me up
crooked. - No guarantee that they wouldn't do this.
I could state that they did not inform me of risks etc etc...
The problem is - I either don't have enough actual proof of what was
said (no witnesses) the medical records have been writen in a CTA way
(Cover Their Ass). And because i didn't deliver vaginally there is
no proof I would have or could have.
Stuck between what I know to be true and the "medical" truth.
So they are no liable unless they kill you and even then I am sure they
would say - but there is no proof she would have lived if I had not done
that. LOL
Rhonda.
-----Original Message-------
Date: Monday, September
09, 2002 07:45:21
Subject: Re:
[ozmidwifery] legal issues
Jo,
After the birth of my first child I asked a lawyer friend of mine about
the likelihood of sueing my OB for subjecting me and my son to an
unnecessary induction (3hrs after natural ROM with no indicators of
problems - ie infection, meconium etc), and without fully informing me of
the risks of the procedure - I was just told that I would not go into
labour naturally. This lead to a cascade of intervention which
ultimately resulted in a (questionably) emergency csec.
My friend advised me that whilst I could argue that the induction
probably wasn't necessary with medical evidence (published accepted
practice and medical research documents) I would be hard pushed to prove
that the induction specifically lead to the cascade of intervention and
thus the surgery and post surgery trauma I felt. He also said that
one of the best "proofs" in cases of this nature was another "expert" who
would back up the allegation - and in his experience most OBs would not
discredit another OB - even if they did not agree with his/her practices -
unless it was an obvious case of gross negligence.
So we are caught between a rock and a hard place.
Debby
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