Tara Rule says her doctor in upstate New York was “determined to protect a hypothetical fetus" instead of helping her treat debilitating pain.

Tara Rule says her doctor in upstate New York was “determined to protect a hypothetical fetus" instead of helping her treat debilitating pain.

  • FlowVoid@midwest.socialEnglish
    41·
    1 year ago

    That’s not how it would play out in a malpractice case.

    Lawyer: You recommended my client take a medication that causes birth defects, when you could have recommended a medication that doesn’t cause birth defects. Because of that, her child has birth defects.

    Doctor: Yes, but she said she didn’t want children.

    Lawyer: Have you ever heard a woman say she didn’t want children, who later went on to have a child?

    Doctor: Yes, it happens sometimes.

    Lawyer: So birth defects are a foreseeable result of the medication you recommended, even in women who say they don’t want children?

    Doctor: …

    • sweeny@sh.itjust.works
      12·
      1 year ago

      Nice imaginary conversation, I’m sure you’re a totally qualified doctor and lawyer… just have the patient sign a liability waiver dude

          • FlowVoid@midwest.socialEnglish
            1·
            1 year ago

            Your link literally explains how to sue a doctor for malpractice after signing a liability waiver.

            No waiver can claim that patients cannot sue their doctors for gross incompetence.

            In most cases, this will involve collecting medical files, seeing copies of the waiver(s) signed by the patient, and proving medical malpractice or negligence by showing that:

            The doctor in question deviated from an acceptable standard of care

            The injuries came from that deviation

            The damages came from those injuries

            Which is straightforward in this case. The standard of care is not to give valproate to women of childbearing age except as a last resort, and valproate is known to have a very high risk of birth defects.

            • sweeny@sh.itjust.works
              1·
              1 year ago

              This wouldn’t be gross incompetence, it is a standard treatment that comes with pregnancy risks that the patient can choose to take knowing that they aren’t going to give birth. All of those quotes youve selectively pulled are in reference to unexpected injury that isn’t outlined in the waiver, so I’m pretty sure they wouldn’t apply in this case. Neither of us are lawyers though, I wonder if any lawyer fed heads could chime in

              • FlowVoid@midwest.socialEnglish
                1·
                1 year ago

                The doctor prescribed a different medication for her. And doctors, not patients, ultimately get to decide which drug they prescribe.

                I don’t think her case is going anywhere. She is suing pro se, which means she couldn’t find or doesn’t want a lawyer to take her case.