Cleveland Medical Malpractice Lawyer – Sometimes Perfect Care Does Not Result in a Perfect Birth
Cleveland, OH (Law Firm Newswire) July 18, 2012 - The most frequently sued medical professionals are obstetrician-gynecologists. This is not always due to medical negligence.
“No matter how careful, cautious and caring an obstetrician-gynecologist (ob-gyn) may be, there are situations where even top-notch care does not guarantee a perfect outcome. According to statistics released by the American College of Obstetricians and Gynecologists, just about 90 percent of their members have been sued. In breaking down those numbers, it indicates that most ob-gyns will be sued about three times during the course of their career,” explained Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer of Mellino Robenalt LLC, in Ohio.
While the figures might make those reading them assume the doctors are incompetent and guilty of medical negligence, the reverse is more often the case. They instead tell a larger story about even the best of care not always guaranteeing a good outcome. Life happens, even with outstanding care. However, new parents are more prone to suing for less than perfect outcomes over something that was no one’s fault. Part of the reason for the lawsuit relates to the increased cost of caring for a child that may have been born with a medical problem.
In regarding the whole medical liability system, one is struck by how backwards and unreliable it appears. It does not offer compensation to injured patients without a long, drawn-out legal battle, it argues it did nothing wrong, even if the evidence demonstrates otherwise and it hampers any efforts by doctors to correct medical mistakes or to improve patient safety. “None of these points would make a patient feel they had a chance to take on a doctor they may suspect of medical negligence. On the other hand, there are cases where a bad outcome would have happened no matter what,” Mellino added.
With the health care system and tort reform in the shambles it is in today, there are more doctors leaving the ob-gyn field of practice in a move to avoid any further legal issues. For instance, those who practice high-risk obstetrics reducing their level of care by 30 percent; other ob-gyns reducing their deliveries overall by 14 percent and at least 8 percent stop practicing altogether. “This is also not a good sign for women who need access to preventive care or surgeons that deal with infertility, cancer or chronic pelvic diseases,” noted Mellino.
Across the nation, there are stories of hospital maternity units being shut down, citing medical liability and costs as the primary reason. The wave of aversion to being sued for things they cannot control, such as neurological impairment, fickle brachial plexus injuries or birth defects, continues to roll across the U.S. and the backlash is lack of access to desperately needed services; services that are/were responsible for an over 90 percent reduction in infant/maternal mortality rates. It appears the country is moving backwards.
Mellino remarked, “Food for thought in times like this may be to ask the question: ‘Is suing an obstetrician that saved a baby’s life appropriate when the outcome of a birth was beyond their control?”
Mellino Robenalt LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901
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