By: Mike Seinberg
If at first you don’t succeed….
We’ve all heard that advice but at least one lawyer took it more than too far when he tried suing a doctor for malpractice over the still birth of a baby, failed and then sued again over the scar left after the emergency c-section. No, your eyes aren’t playing tricks. This particular exercise in waste began in 2003 and was just dismissed by a NYS Supreme Court judge 9 years later. NY taxpayers have been footing the bill on this case for 9 years.
The case stems for an unfortunate incident that took place when a mother came in to Bronx-Lebanon Hospital Center October 13, 2003. She was in labor and initial exams showed the baby alive and doing fine. Shortly after being admitted, the baby began to show signs of distress and the attending physician was called, and immediately chose to do an emergency c-section in order to save the baby’s life. The baby was not saved and later evidence and testimony showed no malpractice on the part of the doctor.
Rather than accept that, the plaintiff’s lawyer, who also happens to be president of the NYS Trial Bar, tried to sue again. This time alleging that the need for the c-section was questionable and the resultant scar caused the plaintiff harm and also meant that future pregnancies might have to be delivered by c-section. The case was dismissed on appeal, but once again, the lack of a medical liability cap on awards as well as the generally negative atmosphere in NY courts for medical liability cases have just added to NY taxpayer burdens and done nothing to lower what are now accepted as the nation’s highest medical liability insurance costs.