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Post by sadie1263 on Aug 2, 2011 19:29:57 GMT
A WOMAN is suing one of the country's most respected obstetricians for her own birth, claiming her delivery more than 25 years ago was negligent because he did not follow her mother's wish for a caesarean. Halina Jane Gillett has launched action against Professor Jeffrey Robinson in the Supreme Court, arguing he breached his duty of care during her delivery in a Newcastle hospital on the New South Wales Central Coast in October 1985. The court was told yesterday that Halina, Marilyn Benson-Inglis's fourth child, was induced at 37 weeks and suffers from erb's palsy, which they claim was the result of a forceps delivery. Ms Benson-Inglis had asked to have a caesarean delivery but Professor Robinson chose to use the forceps method instead. Ms Gillett, 25, requires physiotherapy for the condition and does not have full use of her arm. The condition is often caused by shoulder dystocia in difficult births, which can occur when the baby's head and neck are pulled towards the side at the same time as the shoulders pass through the birth canal. Professor Robinson, the head of obstetrics and gynaecology at Adelaide University, may be called to give evidence at this week's hearing which will determine if Ms Gillett's amended statement of claim, which includes testimony from other medical professionals, can be used. The basis for Ms Gillett's claim centres on Professor Robinson's "failure to undertake" or consider having a caesarean delivery, despite it being her mother's request. Ms Benson-Inglis had suffered a variety of complications in "prior horrific" pregnancies, including a still-birth, and had "specifically" wanted a caesarean to deliver Halina, the court was told. She had an appointment with the professor two weeks before the birth, where she was told that a "natural" birth was not possible because of Halina's position. The court heard that Ms Benson-Inglis, who suffered from episodes of high blood pressure during pregnancy, was also concerned about the size of her new baby, because she believed she would be "heavier" than her previous children who all weighed more than 4kg at birth. Her counsel said Professor Robinson has said in written statements before the court that "he knew" Halina was likely to be a large baby - but still opted for the forceps delivery method. The case has been before the court for five years, as proceedings in this type of medical negligence claim must be launched before the child turns 21. The case, set down for five days, continues today before Justice Ian Harrison. Read more: www.news.com.au/breaking-news/natural-birthing-ruined-my-life-says-halina-jane-gillett/story-e6frfku0-1226106478272#ixzz1TtxH8ci3********************************* Seriously....can't anyone just be happy they are alive?
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Post by trubble on Aug 4, 2011 19:10:56 GMT
Hardly! Not if her quality of life is dramatically affected by one man's pig-headeness. It looks to me as if she has a fair case!
I try not to think too much about childbirth procedures. I get cross and don't have the energy/brains to set about doing something about it but I think there are huge problems within the 'childbirth' industry.
Going against a mother's wishes is just typical.
I had a good experience and nothing went wrong but even so there were numerous times where my wishes were ignored and quite honestly it may just be luck that nothing went wrong.
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Post by Deleted on Aug 4, 2011 19:40:38 GMT
Doctors should not always comply with a patient's wishes, especially during childbirth when the life of a child is in balance. But there does not seem to be any good reason why a caesarian could not be performed.
I shall wait for the doctor's defence with interest!
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Post by trubble on Aug 4, 2011 20:31:37 GMT
I expect there are cases where people don't realise that a caesarian poses its own health risks and think of it as just another option but I think women - especially first time mothers - are shy to go against a doctor's advice even if they feel sure of what they are saying. You're made to feel that you don't KNOW enough to think anything useful.
My doctor argued with me when I told him that the baby was on the way. He said 'see you next week' and I said 'I doubt it, I expect to be in by the weekend'. 'Nonsense,' he laughed heartily, and I went into hospital the following night and had the baby within 48 hours of his scoffery -- which was a Friday as it happens, so I didn't even make it as far as the weekend.
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Post by sadie1263 on Aug 4, 2011 20:57:02 GMT
True...with my first my doctor he said I would deliver hours later......had him in about 45 minutes from him saying that.
Just not sure in this case she can be assured that nothing could have happened during the cesarian. Complications could have occurred then also.......this was 25 years ago. Wasn't near as safe as it is now......and even now there are problems.
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Post by sadie1263 on Aug 4, 2011 20:58:14 GMT
Also....are there records that show all these requests or is this going to be a case of he said/she said?
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Post by trubble on Aug 6, 2011 11:46:37 GMT
I agree that a cesarian might not have guaranteed a safe birth, and I expect there aren't records of discussions about a cesarian - it seems like the sort of thing that wouldn't be recorded - except that she had a history of difficult pregnancies. I sincerely hope that would make a doctor very careful about any discussion about any alternatives.
Here, there seems to be an opposite effect, where people are hurried to caesarians -- maybe that's just me getting the wrong perception though.
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Post by Liberator on Aug 6, 2011 19:50:06 GMT
The basic rule of doctors is that they are the experts who know more about you than you do, otherwise why bother with them?
In this case though, it looks as if the woman has a good point. She has a condition that almost certainly stems from her delivery, her mother had had children before and knew her problems with them, the birth was induced which looks as if the doctor had already decided that she could not go through with it normally.
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Post by sadie1263 on Aug 7, 2011 0:48:41 GMT
So how long do you have to bring charges.......is the doctor responsible for the rest of his life?
Doctors are human.....they make mistakes....we never want those mistakes to happen to us......and each incident is tragic and I can understand the family's pain.....but do you want a doctor that has to constantly second guess everything he does....consult an attorney before he does anything? Unless we come up with robots doing these things or a way to create perfect people......how do you fix this.....or maybe we will just have doctors refuse to do procedures one by one? I know the doctor that delivered my children quit his practice.....said the stress was too much......he was a wonderful doctor.
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Post by Liberator on Aug 7, 2011 1:26:37 GMT
There is that, but she would need to be 18 to start thinking about bringing this sort of a case. What would be more expected is for her mother to have brought it when she she was certain of her daughter's condition. Maybe it's just a case that that generation of Australians did not think that way.
At the same time, nobody really wants the US situation where part of the high cost of medicine is that doctors need to be insured against a public that thinks it should both tell them what to do and sue them rigid if it doesn't work.
That is heading towards the traditional Japanese situation where saving somebody's life places an intolerable burden of debt on them. Resuscitate somebody with emergency manual cardiac massage and be sued for assault because it almost certainly broke a rib or two!
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Post by Deleted on Aug 7, 2011 7:29:04 GMT
My brother (a retired pilot) tells a story of that dreaded day when the cabin crew put out an announcement "Is there a doctor on this flight"?
A man got out of his seat to give emergency treatment to the ill passenger, and the flight was able to continue to its destination.
On landing the chief steward approached the doctor and asked him for his name and address. The doctor waved this aside saying "Oh no, you've thanked me already, there is no need to send me anything"
The embarrassed steward had to tell him "Oh, I don't need it for that. It is in case the passenger wants to sue."
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Post by Lauren on Aug 8, 2011 16:50:48 GMT
What I find with most doctors is that because they are doctors they automatically know everything and what is best.
I think Halina is going to win this case. I don't know if the same professor the mother spoke to two weeks before Halina was born, is Jeffery Robinson, but that professor said there was no way the mother would have a natural birth. I think the mother was under the impression from that day that she was going to have a caesarean delivery.
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Post by Lauren on Aug 8, 2011 16:53:42 GMT
The embarrassed steward had to tell him "Oh, I don't need it for that. It is in case the passenger wants to sue." I think it is absolutely ridiculous that people are aloud to sue those who have helped them...and win. I mean, the only thing I could understand a person suing a hospital over in those cases is if the person had a DNR, hospital knew about the DNR, and still resuscitated the patient.
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