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Can I expect my
Doctor to help me, or can I expect his professional organization to do
the right thing and compensate me if my child was legitimately injured
by Medical Negligence?
Sadly, the answer is "no."
The following explanation comes from Attorney Mark R.
Bower in a post to a
professional listserv, in which attorneys fighting for patients' rights
discuss issues that impact on their work. He wrote:
Those of us
who have been handling obstetrical cases for a long time (32
years, in my case) have watched over the last three
decades, as the American College of Obstetricians and Gynecologists
(ACOG, i.e., the organization that
certifies doctors in the obstetrical specialty, and therefore,
should be making certain that they have sufficient knowledge and skills to keep their
practices safe) has been transformed from a scientific "college" of obstetricians
and gynecologists that genuinely had the advancement of the
practice at heart, to a high-falutin' trade organization that
exists chiefly to promote the economic /litigation interests of
its members. The transition is unmistakable.
Enhancing
obstetrical care is now a third-place priority for ACOG. The
downgrading (upgrading?) of the definition of fetal "macrosomia"
from 4000 to 4500 to 5000 grams is a perfect example. Each
increase in size puts more babies at risk, while protecting more
negligent doctors.
So is the promotion of the Gehrman /Sandmeier
contrived theories of brachial plexus injury. This "junk science"
hurts babies. These charlatans have propagated
misinformation, citing each other as reliable sources, to
pervert the obvious dynamics of injury, i.e., that forceful
yanking on the head causes Erb's palsy, with the inane, Erb's
palsy is caused by "natural forces," in order to protect negligent OB's. The trade-off
is simple and obvious.
But you can't prove motivation from ACOG's publications
directly. Indirectly, perhaps, through four:
- #288 -
"Professional Liability
and Gynecology-Only Practice";
- #197 - "Inappropriate Use of the
Terms Fetal Stress and Birth Asphyxia";
- #237 - "Informed
Refusal"; and
- #236 - "Coping with the Stress of Malpractice
Litigation".
Taken as a group, these "technical bulletins" decry
litigation, generally. Of course, so does ACOG's public
positions on litigation and tort deform, so their political bent
is not at all hidden or subtle. See:
http://www.acog.org/from_home/departments/category.cfm?recno=11&bulletin=269
Mark R. Bower, A.A.C.L.M.
Board-Certified in Medical Professional Liability (A.B.P.L.A..)
Law Offices of Mark R. Bower, P.C.
11 Park Place, #1100
New York, NY 10007
tel: (212) 240-0700
email: Mark@BowerLawPC.com
websites: www.BowerLawPC.com and
www.Cytoteccase.com
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