The gentlebirth.org website is provided courtesy of
Ronnie Falcao, LM MS,
a homebirth midwife in Mountain View, CA
The gentlebirth.org website is provided courtesy of
Ronnie Falcao, LM MS,
a homebirth midwife in Mountain View, CA
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An interactive resource for moms on easy steps they can take to reduce exposure to chemical toxins during pregnancy. Other excellent resources about avoiding toxins during pregnancy These are easy to read and understand and are beautifully presented. |
Citation/Title 859 F.Supp.22, Randall V. U.S., (D.D.C. 1994) RANDALL v. UNITED STATES Civ. A. No. 91-2919-OG United States District Court District of Columbia Aug 2, 1994"Patient brought medical malpractice action against military hospital. The District Court, Gasch, Senior District Judge, held that : (1) patient had not established that there was a national standard of care, as to whether Caesarean section should be performed upon evidence that patient had genital warts attributable to human papilloma virus (HPV), precluding claim that physicians had been negligent in not performing Caesarean section so as to avoid infant's exposure to warts; (2) physicians had not obtained informed consent of patient to vaginal delivery, as they had not warned her of the dangers inherent in that delivery in presence of genital warts and given her option of selecting vaginal or Caesarean delivery; and (3) damages could include allowance for operations on infants required to remove respiratory warts every two months, until child reaches age 14."
.."In order to establish causality aspect of medical malpractice claim, it is not necessary for expert to testify he was personally certain that patient would not have sustained injury but for physician's negligence; it is sufficient for expert to state opinion, based on reasonable degree of medical certainty, that physician's negligence was more likely than anything else to cause, or be a cause, of victim's injuries."
.."Patient claiming that her infant daughter contracted juvenile laryngeal papillomatosis (JPL) due to passage down birth canal which contained undiagnosed genital warts did not establish there was national obstetrical standard of care requiring Caesarean section delivery under those circumstances, so as to avoid exposure to warts; some experts testified that Caesarean delivery would be offered only if there were HPV lesions obstructing birth canal, or when there existed risk of increased bleeding or infection..."
.."For purposes of determining whether patient had given informed consent to undergo a vaginal delivery, as opposed to a Caesarean section, physicians had duty to disclose to her, based upon pap smear and colposcopy examination conducted approximately six and three months prior to delivery, that she had genital warts arising from infection with HPV, and should have counseled her regarding risk to respiratory system of child from passing through birth canal versus risks attendant to Caesarean delivery."
.."was entitled to damages in amount of $500,000."
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