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Doctor Wins Negligence Case  
User currently offlineADG From , joined Dec 1969, posts, RR:
Posted (13 years 1 month 2 weeks 3 days 17 hours ago) and read 1265 times:

April 14, 2003

A PERTH court has dismissed a case against a doctor accused of failing to advise a woman to have a caesarian section before she gave birth to a five kg baby.

Tammy Michelle Sheppard, 30, accused general practitioner Pauline Joy Swan of negligence after giving birth vaginally to a boy weighing 11 pounds 13 ounces (5.3kg).

Ms Sheppard claimed she should have been advised to have a caesarian section, because the vaginal birth of such a large baby left her with health problems including bladder dysfunction causing urinary incontinence.

The mother had told the West Australian District Court that Dr Swan, a GP who was qualified in obstetrics, had said the baby, born in 1998, would be about seven to 7.5 pounds (3.1 to 3.4kg).

"She didn't expect the baby to be large at all," Ms Sheppard said.

She said she did not have any internal examinations until the end of her pregnancy when she was told that if a natural birth did not go well she would have to have a caesarian.

The court was told the baby's 20 hour delivery was exhausting and difficult for Ms Sheppard, and the doctor eventually resorted to using a vacuum suction device to free the baby from its mother's womb.

The doctor then cut Ms Sheppard's perineum before she "continued to pull vigorously on the vacuum suction".

The baby was eventually freed with the help of a midwife, but Ms Sheppard was distressed because she did not hear her baby cry.

"She says she briefly thought the child was dead," Judge Hal Jackson said.

"It is clear the plaintiff suffered some pain and discomfort and disability."

However, Judge Jackson said he was not satisfied there had been a breach of the duty of care.

He said the traumatic birth of the large baby had deeply affected both Ms Sheppard and Dr Swan.

"It is clear that the plaintiff felt exhausted, emotional and worried for some time after giving birth and that she felt let down by the defendant's failure to explain matters to her afterwards," he said.

He noted Dr Swan ceased obstetric practice shortly after the incident.

Very little of her complaints appear to differ from a normal, natural birth. Finally a good call from the law courts, perhaps we will see more in the future.


7 replies: All unread, jump to last
User currently offlineTsv From Australia, joined Nov 1999, 1641 posts, RR: 4
Reply 1, posted (13 years 1 month 2 weeks 3 days 16 hours ago) and read 1255 times:

"He noted Dr Swan ceased obstetric practice shortly after the incident."

That's probably the most important point.

"I told you I was ill ..." Spike Milligan
User currently offlineADG From , joined Dec 1969, posts, RR:
Reply 2, posted (13 years 1 month 2 weeks 3 days 9 hours ago) and read 1230 times:

ah, with women sueing at the drop of a hat there are less and less OBGYN in this country and women will shortly return to having their children at home. Serves them right.


User currently offlineNWA From United States of America, joined Jun 2001, 1200 posts, RR: 2
Reply 3, posted (13 years 1 month 2 weeks 3 days ago) and read 1215 times:

Doctors are human also. I cant see how anyone wants to be a doctor. Cut a persons toe nail and you get sued.

23 victor, turn right heading 210, maintain 3000 till established, cleared ILS runwy 24.
User currently offlineL-188 From United States of America, joined Jul 1999, 30408 posts, RR: 57
Reply 4, posted (13 years 1 month 2 weeks 2 days 22 hours ago) and read 1202 times:

I don't know what was so terrible about delivering a 10 pounder.

Some lady down in florida just gave birth to a 13 lb 6 oz kid.

User currently offlineADG From , joined Dec 1969, posts, RR:
Reply 5, posted (13 years 1 month 2 weeks 2 days 20 hours ago) and read 1194 times:

When I had my last son (5lb and sickly) a woman had just given birth to a 14lb monster vaginally, and even the nurses were talking about that one!



User currently offlineMx5_boy From , joined Dec 1969, posts, RR:
Reply 6, posted (13 years 1 month 2 weeks 2 days 20 hours ago) and read 1186 times:


Ugh! I am so glad I am not a woman - no offense but the thought and pain of childbirth is horrific.

Wasn't it not that long ago that women were complaining that doctors were doing c section when they were unnecessary?

I suppose they can't win.

At my ex's insurance company the *white trash* lawsuits were getting out of control, they had one woman who was investigated who had sued 3 different municipalities for *fall and injure* incidents and a *run up the bum* car accident (one of many) claiming multiple whiplash injuries. After some investigation, video evidence and taking out the jurors to witness first hand this woman doing gardening and such in her luxury home in Sydneys southwest the jurors finally accepted video evidence that set a precident.

What did the slag do? She blocked the reporting of *her actions* saying it was invasion of privacy, *however* the justice allowed the privacy of her naydooing but also forced her to pay back every cent she had made in false claims.

Some people are bad. So are clowns.


User currently offlineADG From , joined Dec 1969, posts, RR:
Reply 7, posted (13 years 1 month 2 weeks 2 days 20 hours ago) and read 1185 times:

My ex husband seems to earn his living from sueing employers > Sad


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