Comments for Medical Malpractice | Legal Malpractice | Professional Malpractice

Comment on Could we sue the medical doctor for her medical malpractice? by Melissa S

Melissa S — Tue, 28 Apr 2009 00:00:42 +0000

It’s not your doctor’s fault your son has a rare genetic disease. Why sue? Just because something is horrible and tragic and maddening and upsetting doesn’t mean you ought to sue someone for it.

Comment on Could we sue the medical doctor for her medical malpractice? by mystic_eye_cda

mystic_eye_cda — Fri, 24 Apr 2009 18:25:29 +0000

There’s really no such thing as clearly in an ultrasound, but to make your case you would have to show:
*That you had the ultrasound with the purpose of screening for ALL defects
*That the ultrasound showed the defect before the legal limit for abortion
*That you would in fact have aborted the fetus.

Chances are the ultrasound couldn’t actually diagnose the problem and a rare enough genetic test wouldn’t have shown in additional screening (not that many genetic defects have screening test). So if you had been told there may be something potentially wrong with the baby which may be caused by any of 10/20/30 disorders would you have had an abortion.

Really unless the doctor refuses to give you a screening test for a specific disorder, or loses or doesn’t give you the results of of the screening you really don’t have much of a case.

If you really don’t want this defective baby then the remedy for you is adoption.

Comment on Could we sue the medical doctor for her medical malpractice? by Jillian

Jillian — Fri, 24 Apr 2009 00:09:17 +0000

you cant prove something like that on U/S and they are doctors NOT U/S technicians. teh doctors did not CAUSE the problem so there was no malpractice- jsut like you can not sue a doctor for saying teh wrong sex on U/S

Comment on What do you think about restrictions on medical malpractice lawsuits? by laughter_every_day

laughter_every_day — Wed, 22 Apr 2009 01:53:59 +0000

I would support limits and sanctions on frivolous lawsuits only if the law also provided a sanction for frivolous defenses. Every insurer in the u.s. uses protracted litigation techniques and asserts bogus defenses, procedural and substantive. And, they do it with impunity. That adds more to the cost to insurance than does frivolous claims but no one proposes to put a lid on the defense side.

Comment on Can a married couple sue a marriage counselor for malpractice if it turns out the counselor is a feminist? by crystal

crystal — Mon, 20 Apr 2009 22:36:17 +0000

On what grounds would you sue a marriage counselor for being a feminist? That’s like suing your lawyer for being black or suing your child’s school for allowing an Asian teacher to teach the class.

Feminists are aware of the inequalities in marriage… for example, even in double income homes where both spouses have a job, women often are stuck with the majority of the housework to do. Suppose both have 8 hour work days but the woman has to do 3 hours of chores at night? I wonder why the marriage is failing!! A feminist counselor would point out this inequality in distribution of work, which would help correct some of the problems in this marriage.

Comment on Can a married couple sue a marriage counselor for malpractice if it turns out the counselor is a feminist? by Lord Voldemort

Lord Voldemort — Mon, 20 Apr 2009 18:43:08 +0000

I’d much rather prefer a neutral to counsel. No pro-female, no pro-male.

Nobody can sue anyone unless damage is done or if it is clear or proved that this ‘feminist counsellor’ was indulging in intentional malpractice to ruin the marriage.

Otherwise just on the basis that the counsellor is feminist, no.

Comment on Could we sue the medical doctor for her medical malpractice? by sunshine_pine

sunshine_pine — Mon, 20 Apr 2009 16:36:48 +0000

So what is the malpractice here?

Not telling you (assuming they knew) has posed no risk to your child unlike if it were a heart condition or suchlike, and what could they have done?

Judging by the quality of ultrasound pictures I very much doubt that the deformed facial features were obvious, I can only just make out the vague shape of the baby.

Even if they had known and told you what would you have done, had an abortion? not very good being seen to not want a child because his face is slightly deformed!

I think you are just angry and want to take it out on someone, go ahead if you like but the whole case would rest on being able to determine the deformity from the ultrasound and even if you could I doubt you’d win.

Sorry but there probably isn’t much you can do.

Comment on What do you think about restrictions on medical malpractice lawsuits? by Kate Alex Bahleef

Kate Alex Bahleef — Sun, 19 Apr 2009 21:45:22 +0000

Cap on law suits would be a good idea. Drug companies need to be made accountable as well. In the financial climate we are living in all of us should become less greedy and more responsible for our behaviour and actions.

Comment on Medical Malpractice? by betty k

betty k — Sat, 18 Apr 2009 23:37:14 +0000

I’m only surmising this answer . But because he signed a consent form that he could not sue for malpractice: You have to prove negligence on the doctors part and I dont see it in this case.
bettyk

Comment on Could we sue the medical doctor for her medical malpractice? by Sara P

Sara P — Sat, 18 Apr 2009 21:07:25 +0000

I don’t know if this would qualify as malpractice, and you would spend a lot of time and money and probably have a lot of heartache over the case.

My question to you is: how would knowing about this condition have changed anything? Could you have done anything to treat the condition before your baby was born (I’m guessing not)? It’s likely that the only thing you could’ve done was to get an abortion, but killing a baby just because he’s not perfect is no answer at all. I’m DEFINITELY not implying that you would’ve had an abortion, I’m just trying to think like a judge would, and I can’t think of any other reason your knowledge of this condition would’ve mattered, and if your prior knowledge doesn’t matter, then I don’t think you have a case. If I were you, I would just love my baby and try not to dwell on his problems (I know that’s difficult–as a parent, you always expect your baby to come out perfect and healthy).