OB/GYN is responsible for how long?

[sunkists]

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how long can the ob/gyn be held liable for a kid for a bad delivery? i've heard 18 years, 21 years... all of these sound ridiculous.

 

[Arsenic]

how long can the ob/gyn be held liable for a kid for a bad delivery? i've heard 18 years, 21 years... all of these sound ridiculous.

I read an article in I think Newsweek last year about some OB/GYNS in New Jersey and the troubles they were having in their practice being representative of those faced by docs across the country. I remember the article mentioned that one of the reasons OB/GYNS have the highest insurance rates is because they were liable until the kid was 18. 😱 Thats crazy.

 

[DrMom]

The reason for the long liability is to give the child a chance to sue for malpractice themselves if the parents didn't do so. In my state, I've been told that it is either 20 or 21 years to allow for the child to reach adulthood & have time to file a suit.

 

[supercut]

Welcome to medicine, which is full of ridiculous stuff like this.

YOu can have your career destroyed from lawsuits from known complications...you don't even have had to do anything wrong.

Buerocrats make up a bunch of ridiculous rules that have no data to support better outcomes and impose the rules on medical professionals.

Hospitals won't hire enough nurses to in an attempt to save money.

Any low level employee can make a MD's live miserable and write you up for "unprofessional behaviour" for small infractions such as looking at them wrong.

Patients (and/or families) think they know better how to diagnose/treat their disase than the MD does

 

[jvarga]

Actually, the delay is to allow time for any supposed developmental "delays" or conditions to surface. However, once a condition is diagnosed, the patient (or the representatives, ie parents) only has one year exactly to file suit.

 

[DrMom]

My understanding is still that the child has some time period to file as an adult if the parents did not do so earlier.

 

[VienneseWaltz]

Actually, the delay is to allow time for any supposed developmental "delays" or conditions to surface. However, once a condition is diagnosed, the patient (or the representatives, ie parents) only has one year exactly to file suit.

I am sure the statute of limitation varies from state to state. However, I believe Dr. Mom is right on this one--similarly, if you are responsible for a car accident in which a child is (or is not) injured, the case doesn't officially close until some time after the child turns 18, even though the adults in the car have a limited time to sue.

 

[stomper627]

Most states allow 3 years after a child becomes an "adult" so it would be reasonable to assume that a malpractice tail will consist for 21 years.

 

[evajaclynn]

One of my closest friend's fathers works in high risk labor and delivery in NYC. He was sued for something that happened years and years ago. The child ended up being mentally handicapped and they blamed it on the doctor. I don't remember all the details, but it definitely didn't appear as though the doctor was in the wrong. The emotional damages that the family asked for were ridiculous. No wonder medical insurance rates are so high!

 

[X.O.]

Its some ridiculous amount like 15-20 years depending on the state. Ive heard of some cases where the parents sued the OB/GYN when little Johnny or Jane has learning problems in school 🙄. It may be blatantly frivilous and the chances of strongarming for a settlement might be low but just the time and mental headache of defending against these kind of suits is enough to make anyone quit medicine for good.