Daily Mail – 21st December 2006, via Overlawyered.com:
A mother who was criticised by a doctor for nipping out for a cigarette moments before her caesarean operation has won more than £44,000 for her ‘hurt feelings’.
The heavy smoker claimed that she developed severe post-natal depression after the anaesthetist told her off.
The patient, known only as Mrs G, delayed the operation by leaving the ward in the private clinic to get her nicotine fix.
The anaesthetist, referred to as Dr A, claimed her coughing made it difficult to give her an epidural before surgery.
After the birth he told her: ‘You’ve seen your daughter born, if you give up smoking you might see her get married too.’
The patient, who is in her 20s, complained that the doctor had harassed her and was awarded £44,500 for ‘pain and psychological distress’. Her legal fees were also paid for.
In related news, attorneys in the US are chomping at the bit to sue doctors for not telling patients to stop smoking!
Medical Economics – Apr 9, 2004:
“Doctors are going to be sued for not counseling patients about the risks of smoking or obesity,” he says. “They have an obligation to advise patients of material risks.”
“Many pro-counseling people would love to see a medical malpractice case successfully litigated on a failure to counsel alone,” says Peter Friedmann, associate professor of medicine and community health at Brown Medical School in Providence, RI. “It’s just a matter of time. Such a case would spur doctors to take these disorders more seriously.”
Strange that names of those involved in a lawsuit , such as ‘Mrs. G.’ (for the plaintiff) should be kept secret.
Is there only one source for this story?
Hey, this is just great! Canadian doctors will stay in Canada for a change, as up here, they work for the Gov’t, and you can’t sue the Gov’t.
What a great system. Works both ways, malpractice that should allow suing, cannot, and the patient is usually “compensated” for life a small amount if they can’t work anymore.
It’s still up to the jury to decide these cases (in the USA). If you think the lawsuit is without merit, give it a thumbs down.
#5 You may be correct. The title says she won the case. I assume it went to a full trial and was not a settlement (tho I could be wrong). The jury has the final say when this is the case. That has been my experience, anyway.
Stop smoking what? Also, it says she is a heavy smoker. Well just how big IS this behemoth? I imagine there must be a sizable FUPA involved with this one as well.