Parenting Malpractice
"God sends us children to teach us what he's given up trying to teach in every other way." says Rabbi Lawrence Kushner. But apparently that wasn't enough for this Chinese couple, awarded $7 million in a medical malpractice settlement this week involving the birth of a child with a rare genetic defect.
The mother was upset that four medical professionals at a Worcester, Massachusetts, hospital failed to give tests that could have enabled her "to have an abortion rather than carry her now-disabled child to term."
Their daughter has Cri-du-Chat, a rare genetic disorder that has a variety of potential symptoms. Raising a disabled child is an unbelievable challenge. I hope that this family sees the blessings they've been given, too. A lawsuit based on the idea that the child should have been killed isn't promising, of course.
The $7 million payout was a settlement agreement. And we wonder why medical professionals are groaning about their rising malpractice insurance costs.
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May '10
Re: Parenting Malpractice
That's the crux of our problems as a nation, isn't it? We've gone from the right to pursue happiness to the guarantee of it.
Jun '10
Re: Parenting Malpractice
A rare genetic defect wasn't discovered in her unborn child and the mother sues and is awarded $7000000? You blame the doctors, Mollie. I'll bet they are as upset as us. Their insurance companies settled. The Docs had no choice. And what prevented the mother from having an abortion anyway? I thought that was her right. Life can play many tricks on us with the law of unintended consequences. A mother aborts a child with downs that could have been a joy of love and happiness, yet gives birth to the "perfect" baby who grows up to be the devil incarnate and goes on to murder both his parents. Hah!! Go figure. This makes me sick.
Re: Parenting Malpractice
No, I blame the insurance companies, too. I should have been more clear. My friends who are doctors are really struggling to maintain independent practices.
Apr '11
Re: Parenting Malpractice
Sometimes, you just look at what sorts of idiotic brutality the human mind can produce and give out a groan for the species. So did the mother testify in court with the infant in arms saying how awful it was that she wasn't able to stop this little thing's growth inside her? I guess this is what happens when we consider parenting more of a hobby than a duty.
This couple seems to think that like a defective model of a P-38 Lightning they should have been able to return it to the shop.
Mar '11
Re: Parenting Malpractice
This award may have been the result of a clerical error. According to the article, the woman claims she was never offered amniocentesis, and the doctors claim she was and refused it. I have it on good authority (Mrs. Buck is an RN that deals in the maternal/infant area) that when one of these tests is refused, the patient is requested to sign a refusal form documenting that they are refusing the test. If she refused it, there is no way the doctors could know about the abnormality. Simply producing the refusal document would take care of the claim.
So, either she was never offered the test, or she was and no one had her sign the form. in either case, the insurance company probably did the right thing, from a business perspective, in settling. A jury award may have been even more outrageous.
Mar '11
Re: Parenting Malpractice
Mollie Hemingway, Ed.
No, I blame the insurance companies, too. I should have been more clear. My friends who are doctors are really struggling to maintain independent practices. · May 11 at 8:46am
Insurance companies are cowards who would rather not risk going to court. The cost of settling are calculable and can be passed on to doctors, all doctors, the good as well as the bad. They are cowards because judges and juries would rather be generous to a "victim", they feel that no one gets hurt, a rich insurance company pays.
The very existence of insurance makes for perverse incentives and a system that protects the incompetent and negligent while punishing conscientios doctors who are at risk of being sued on the simple grounds that they are a) present and b) insured whenever a treatment outcome is less than optimal.
It would take a generation to educate all potential jurors, assuming anyone was willing to make the enormous effort it would take, but it ought to be possible to do something about the judges.
Jul '10
Re: Parenting Malpractice
Parenting Malpractice ???
A common fear amongst parents of special needs children is who will look after my child once I die. And so they must simultaneously save as much money as possible and pay the considerable costs inherent in raising a special needs child. They have to trade off working as much as possible with the child (so that he/ she can maximize their potential) or work hard to earn more money so that there is a larger estate to leave to the child when the inevitable happens.
This couple have secured this child’s future through this settlement. They can afford the treatments and therapys that can maximize the child potential and provide for the child when they are gone. Calling this ‘Parenting Malpractice’ is a tad harsh, to put it mildly.
May '10
Re: Parenting Malpractice
This doesn't add up to me. I'm currently in my third pregnancy and am considered to be of "advanced maternal age" at 35. Anyway, my OB gave me a bunch of info at my first check-up at 10.5 weeks about the recommended testing (nuchal translucency, quad screen, etc) and also provide info on their website. And that's at a clinic. Hospitals are held to more stringent standards. My understanding is that a lot of other tests are done before an amnio is recommended, and usually those tests indicate there is an increased risk of a genetic disorder. Sounds like her husband did the interpreting instead of a translator at the appointment that discussed the amino, so that might have been where the healthcare providers slipped up. I can't imagine she didn't have any tests.
I love that quote by Rabbi Kushner, by the way. I won't terminate this pregnancy regardless of the outcome of my genetic testing, but I'm still worried about having a healthy child. What expectant mother isn't? But every child is a blessing, and my mine have definitely taught me a lot so far.
Mar '11
Re: Parenting Malpractice
Two things no one else has commented on.
One of the stories mentioned that $4M will go into a trust fund to pay for the ongoing care of the child.
The child will be eligible for town and state funded care until she turns 21.
Presumably, the other $3M goes to the lawyer who, when he's older, less hungry, and wanting to slow down, will likely be appointed a judge and thus perpetuate the system.
Aug '10
Re: Parenting Malpractice
Everyone loves the Special Olympics-but will they still be around in 20 years time?
Mar '11
Re: Parenting Malpractice
I am a doctor (psychologist...I don't want to hear any of that "real" doctor foolishness, either) who maintains his own practice. Professional liability insurance is tres' pricey, and one of the main problems is that your rates are calculated on a "claims made" basis, not a "claims paid" basis. So my rates go up if someone sues me, even if the suit is without merit, even if the suit is thrown out or I am found blameless. I realize that malpractice reform is hardly a front-burner issue, but the more reasonable providers that are driven out of practice, the more all of our care suffers.
Dec '10
Re: Parenting Malpractice
Why did the mother sue the doctors? Seems like the person she has the complaint against is her child - that's who she ought to sue.