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Not everything went as planned. Is it worth having a lawsuit if the child was injured during the birth?
Mыhiba! Is it worth suing?Most babies, parents, do not even turn their heads to litigate. Either because everything was found to be okay about parenting or health care or because the family didn't think that far, but the likely costs, the long litigation did not deter them, or because they did. At the same time, it seems that the number of damages cases (nobody keeps statistics about them), and the total number of damages suffered, which is all important. she was expecting her first baby, she was a dick. Your doctor assured her that she would be fine, her hips were wide, her baby was not big, and she would give birth smoothly. It never turned out that way. In the postpartum period, just when the umbilical cord was pinched between the pelvic bone and the baby's last born, the fatigue seemed to stop for a few minutes. Suddenly there were many in the living room, feeling the tension in the depressed stomach. Then, at one point, the baby was born with a very high birth weight, contrary to preliminary estimates.
He didn't cry, didn't give any signs. It was only after a long wake that a faint, hoarse, low-pitched voice was heard. At that time, the early birthers were there, they took the little boy to the intensive care unit. Although his condition was much improved, he never became a healthy person. Special developers, special kindergarten and then school. The overseer, the wheelchair, had never learned to speak, only with his eyes, but according to J., his twenty-two-year-old son had done it all. Daddy is not with us, their marriages are gone after two years. J.'s life basically runs only for the baby, under exceptional care.
"No, I never thought of a bugger," he replies. "I know my doctor wanted you, you can't make sure my body didn't work the way it was supposed to… and at that time it wasn't fashionable to litigate."
In the midst of a feud with the now-actuated Z, she suddenly dropped her voice and the baby decided to undergo anesthesia with anesthesia, as there was no chance of her having a baby. The boy's first Apgar rating was 5 and then ten minutes later he was 9. Then it seemed that everything was fine.
But as the years went by, Z became more and more problematic. He had learned new things, had difficulty in adapting, and was often very aggressive with the ovists. Educational Adviser, Psychologist, Developmental Pedagogist, Neurologist - Everybody was keen on parents. The conclusion was that Z. had an acute shortage of oxygen due to a lack of oxygen during childbirth, resulting in a low thyroid gland. After going to therapy, development (more than one at a time), they hope that by the time a child goes to school, their condition will improve. The parents launched a mhibhibap against the parent.
Buttery: What did we want?
Seven years ago, the national birdwatch was not much higher than ten percent. They only resorted to this solution in case of need. For rarely born babies, for example, it is rarely the case, when it could be counted on to further complications and difficulties. Today, there are many more nuts in the country where every second is born with a cup, and the national ratio is 33 percent. If someone says "without medical indication", you will get it, even if they don't beat it.
If the doctor wants to poke it, you may find it easy. For example, Faros gives birth to today's medical profession by chance, so they can't really practice how to help effectively. Nowadays, first cupping is routinely done by cesarean section, but more often, cubs are much more likely than natural births. In fact, the tests have shown numerically what it has always known, that for a fetal fetus, it is more risky to have a baby than a baby in the cephalopod, and the first to be born.
It depends on many factors, how big is the risk, but who is willing to take it? Many parents are slowly extending this approach to natural birth: incalculable, protracted, unexpected complications can always occur, and you want your career to be honored, diminished,
The doctor is in a difficult position
dr. Martini YenBut does cesarean delivery guarantee that your baby will be healthy? It would simply be so much that time was wasted on giving birth, but rather a more manageable, more predictable, safer method of helping our children through the world, and that is nothing more than a delight? -Will have full access to the parents' site by approaching the request.
The request dr. Martini Yen We have been acting as a lawyer, giving birth to a woman who has been dealing with the defendant, physician and hospital representative for more than seven years, and disputes in litigation (litigation).
- In the 1990s, it was common that there were many lawsuits between one of the far-flung hospitals and one against the other. This was primarily traced back to social and non-professional reasons, which allowed me to assume the role of an "upstart", who essentially spoke to parents about the lawsuit. This became what was called "pruba luck lawsuits".
In 2005, I compared the American situation to that of my home country, and there were differences between the two, and I thought the situation became critical in Hungary, and it is still true today. Today, the doctor is in a more difficult position than he is, because in addition to the professional aspects, the legal aspects of medical practice are becoming increasingly important in the practice of the doctor. The physician acts lawfully if he or she adheres to the Health Law, and acts according to professional protocol, generally accepted literature, and law. Previously, the outcome of this trial was material to the outcome of the trial.
Nowadays, there is a much more important role for the free judgment of the skin as to what the doctor is asking for, including, among other things, the possibility of repairing the injury. Most rules in medicine allow, and even expect, balancing. That is why two professionals can form a different opinion on the same professional request.
There is a tremendous role for miscarriages in such a drastic increase in the rate of cesarean section. The professional basis is still based on the view that all fetal conditions that are unavoidable with the use of diagnostic methods available in the area should be treated in a timely manner. Consideration should also be given to the risk of maternal and fetal risks. Fortunately, serious maternal cancer events occur less frequently today, meaning that the incidence of possible risks of intervention is reduced.
However, it is true that there are many times more cesarean section today than in her last year, the number of children with cerebral palsy does not show significant improvement in statistics. Because we know that brain deficiency due to oxygen deficiency can occur right before birth. In addition, there is no test that can indicate the fetal oxygen deficiency with a hundred percent reliability, for which we can only deduce from the results of several different methods today! That is why I think it is right to have a relaxed or restless fetal state in terminology.
A significant proportion of birth litigation is due to failure to perform a cesarean section, or failure to perform, inappropriate evaluation, or loss of the results, said to have a cerebral palsy or an earlier loss.
- Yeah, it's getting more and more cervical! he says dr. Simon Tambs Lawyer, head of Law Office No. 384. - I have been involved in several lawsuits filed by the plaintiff, which have been initiated because they have not completed a cervical incision, but have only been completed in the last two years.
- Babies can't give birth or feel good about what's right for them. The cup is not dangerous for them. These events can put the mother at risk. But even being distracted by an infection is not the same as what an oxygen-deficient child means: he does not speak, he does not speak to any newer child;
Unfortunately, I see the bad side of the birth, a symptom that could have been avoided with the previous cesarean section. Every one of my kids was just as born, and it's really cool: they are healthy.
Founded in Hungary by Office 384, recently deceased dr. Бdбm Gyцrgy began to deal with the first bugs in the late eighties during the transition period. Here is where most of the litigation experience is gathered, but today there are eight to ten offices specializing in this area.
- The most litigation is due to births, where the most denounced are born, and the highest rates in this area. Also, the practices that define the practice of the skin are most often caused by births - summarizes dr. Simon Tamбs the experience.
Of course, in all of these cases, the main question is what should have been done to avoid the tragedy. At the very least, mothers are particularly keen to do so.
- Must behave like a consumer! - suggests dr. Simon Tambs. - Pregnancy is not a disease, so the mother should not be sick. First of all, inquire, please, feel free to inquire about myrtle wherever possible. Do not bear to have your chosen doctor take only twenty minutes at each appointment, but expect to deal with the problem until it is solved.
Nowadays the elected doctor has only rights and is awarded a trust, he has no professional responsibility, and the institutions are responsible for their activities. In the future, if the nursing profession retains the ability to choose a doctor, there will also be a sense of responsibility on the part of the chosen doctors.
If you feel sorry for me
1. Ethics in the professional chamber
Whoever initiates it does not benefit from it. It is not complicated, it does not cost money: you simply have to file a complaint and submit it to the appropriate chamber where it will be investigated by a panel. This may result in warning, money, suspension of the chamber tag, or, in severe cases, disqualification. The latter practically means that the person cannot work as a doctor. If you have a death or injury, it's not ethical to think.
2. If you have been mistaken by a doctor
You can register at your workplace. If your doctor has a staff member, you can initiate, dismiss, or disqualify him from disciplinary action. It can be successful if the complainant's application and the job application are the same.
3. Administrative Procedure
A hospital, bt., Ltd., Licensed to operate, can be sued by the Nursing Administration for up to one year after the event. They should instruct the Chief Medical Officer to clarify whether any omission has occurred. If they do, they will initiate an effective procedure, which may result in a warning and thirty thousand to five million forints. However, this is at most a moral satisfaction for the complainant, who does not even have the opportunity to view the opinion of the specialist supervisor in writing.
4. Criminal Procedure
The victim may file a complaint against the doctor, which is followed by a lengthy, detailed investigation of the crime, the victim may be present during the procedure, but may not influence the course of the trial. Sanctioning a pecuniary sanction, suspended custodial sentence, enforceable custodial sentence, or temporary disqualification from practicing the profession. An essential element is a MUST and a SURE: Has the doctor done everything he or she MUST have done in the given situation, and if he or she did, the problem could have been avoided.
5. Citizen Card Review Per
This is the most effective solution: make mistakes, get in trouble, pay - so you can book your essence. Accordingly, there are two things to say: whether the doctor made a mistake and, if so, how much damage he caused and how much damage he suffered.
The plaintiff and his lawyer direct the procedure, which can take up to six to eight years, and the aim is not the doctor, but the hospital, the patient, who is in the legal relationship. Its essence can be summed up: did the doctor do everything he could in the given situation, and if he did, the chances of avoiding the trouble would have been greater.
The damage is covered by the health insurance company in the amount of five million, and above all, the taxpayers are paid up to the same amount. Most of this is due to the failure of cesarean section or the failure to recognize the developmental disorder, diagnostic error.
Not to be neglected is the fact that the legal costs and the success rate in this case can be up to 15-30 percent. However, lawyers generally do not ask for work in advance and, moreover, they can cover the costs involved in the procedure.