We see and hear about all sorts of things in personal injury cases. Sometimes they are very sad or tragic. Medical malpractice will have its extra share of horrible injuries, but recently I read a tragic report as from Catholic Online :
Coats alleges that Rachel asked Dr. Backardjiev to perform a C-section due to the baby’s size, but she said that he responded, “No, you don’t want a C-section. You’ll have a scar.” Later on, 18 hours into labor, she says that her daughter barely had enough energy to push.
“He took the small forceps to try to pull the baby out. He kept going and even put his foot up on the bed trying to pull,” Coats alleges.
“He was turning and twisting and she would never come out. He put the forceps one way and the other. When he touched the top and side of the skull, we heard a pop, like clay cracking in pottery and heard her skull crush.”
The crushing of a baby’s skull in the presence of her parents. My heart goes out to them just thinking about it.
Of interest, according to the story, the family is working to pass “The Olivia Law,” which would ban the use of forceps during birth. That is something worth looking at.
Beyond that, because it happened in Texas, any legal remedies are capped because the Texas legislature thought it was best to put an upper limit on cases no matter the damages. So this incident, like any other medical malpractice case in Texas, doesn’t go to the jury to decide what the total damages are. No , the jury makes a decision and then the court reduces it, if it is above the cap.
It is important to point out how tort reformers change when they are injured. How personal experience shows what really happens. Hopefully, it will be an eye opening experience for the closed minded.
Here are other posts about the Texas system:
FALSE: Texas Gained 21,000 Doctors Because of Tort Reform, Mike Ferrara | August 26, 2011 2:32 PM
Texas Tort Reform is STILL NOT a Model for Nationwide Health Care Reform, Mike Ferrara | September 09, 2009 10:17 PM
Texas medical injuries mount as malpractice laws protect negligent doctors and hospitals, Wayne Parsons | August 13, 2011 2:50 PM
Justice In Texas Points Out The Injustice Of The Law, Mike Bryant | July 28, 2009 9:50 AM
A Texas Tragedy, Mike Bryant | May 2, 2013
Texas “Tort Reform” Helped Doctors But Not Other Texans, Andrew Cochran | Sep 10, 2013
The Effects of Tort Reform in Texas, Mark Bello | Jan 29, 2013
No Healthcare Savings in Texas Tort Reform: The Proof is in the Study, Mark Bello | Jun 21, 2012
Is Texas Protecting Dangerous Doctors?, Mark Bello | Nov 11, 2011
Tort Reform: A Failed Experiment, Mark Bello | Oct 13, 2011
Texas medical injuries mount as malpractice laws protect negligent doctors and hospitals., Wayne Parsons | Aug 13, 2011
Does Texas medical malpractice “reform” attract bad doctors?, Wayne Parsons | Aug 3, 2011
A founding partner with Bradshaw & Bryant, Mike Bryant has always fought to find justice for his clients—knowing that legal troubles, both personal injury and criminal, can be devastating for a family. Voted a Top 40 Personal Injury "Super Lawyer" multiple years, Mr. Bryant has also been voted one of the Top 100 Minnesota "Super Lawyers" four times.