stopthatgirl7Oct 5, 2023

A Woman Was Denied Medication for Being of ‘Childbearing Age.’ She Just Sued the Hospital

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

https://jezebel.com/childbearing-age-medication-denied-lawsuit-1850899899

A Woman Was Denied Medication for Being of ‘Childbearing Age.’ She Just Sued the Hospital

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

Jezebel
Show threadandy_wijaya_medOct 6, 2023
What is the medicine in question? Any other MD (or better, neurologist) here? As far as I know, most of the standard treatment for cluster headaches are safe for pregnant women…
Show threadNoraOct 6, 2023
She’s not pregnant though so it wouldn’t matter.
Show threadalcasaOct 6, 2023
Commonly they dont recommend embryotoxic medication in woman of childbearing age, as unecpected pregnancies happen and the chance for severe birth defects increase. Sometimes these can only be detected late into a pregnancy, so if the person might want to keep a pregnancy it would be not to take it.
Show threadsweenyOct 6, 2023
That should be the women’s choice to make though. She doesn’t want a baby, if she has an unexpected pregnancy she will abort, so she doesn’t need to take all that into account. She should get her treatment and a prior warning about pregnancy issues that could occur
Show threadFlowVoidOct 6, 2023

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

Lawyer: You gave my client a medication that causes birth defects, when you could have given her 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.

Lawyers: So birth defects are a foreseeable result of this medication even in women who say they don’t want children?

Doctor: …

Show threadsweenyOct 6, 2023
Nice imaginary conversation, I’m sure you’re a totally qualified doctor and lawyer… just have the patient sign a liability waiver dude
Show threadFlowVoidOct 6, 2023
Liability waivers don’t protect against malpractice.
Show threadsweenyOct 6, 2023
Yes they do. In new york (where this took place), and most places, doctors are protected by liability waivers if the patient has informed consent. Read this for more information if you want an actual informed opinion on this sobolaw.com/…/signing-a-waiver-before-surgery-can…
Signing a Waiver Before Surgery: Can You Still Sue? | Medical Malpractice

You can still sue for medical malpractice even if you signed a waiver before your surgery. Learn how to gain compensation for your injuries.

Sobo & Sobo
Show threadFlowVoid
Your link literally explains how to sue a doctor for malpractice after signing a liability waiver.
Oct 7, 2023 at 12:22amWeb
Show threadsweenyOct 7, 2023
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
Show threadFlowVoidOct 8, 2023

The doctor prescribed a different medication for her.

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.