Obstetrician not liable for trying to save baby’s life

by Walter Olson on April 7, 2012

“A woman whose fetus was stillborn cannot sue the doctor who performed an emergency Caesarian section in a futile attempt to save its life, an appeals court ruled.” The unanimous five-judge panel called the plaintiff’s theory “remarkable.” [Reuters via White Coat]


1 boblipton 04.07.12 at 8:31 am

The first time she sued, it was for not saving him.


2 David Schwartz 04.07.12 at 9:36 am

Her theory is really not that remarkable. Her theory was that the doctor put her health at risk by performing an emergency c-section despite knowing that the fetus was already deceased. The theory failed because of the specific factual circumstances, not because the theory was so remarkable. There was no way the doctor could be sure the fetus couldn’t be revived, so an emergency c-section was consistent with standard medical practice under the circumstances.

3 marco73 04.07.12 at 10:04 am

The hospital and other staff are still on the hook under the original theory. Deposition should be interesting.

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