Immunity from Malpractice Liability for Nonprofit Hospitals
Emotional Distress Damages
Generally, a physician delivers a fetus through an abdominal and uterine incision when further delay in delivery might compromise the health of either the fetus or the mother. The rate of cesarean deliveries in the United States is increasing at a remarkable rate, and the reasons for this increase include the older age of women having children, the use of electronic fetal monitoring, a decrease in the use of forceps, and an increase in repeat cesarean sections and breech deliveries.
In recent years, the number of deliveries involving the use of forceps has decreased. Today, many of the deliveries that would have been performed utilizing forceps are completed by cesarean sections because there is a documented high risk of fetal morbidity and mortality with forceps deliveries. However, the choice usually depends upon the training, experience, and preference of the physician.
In most tort cases, an injured party is not permitted to just sit back and do nothing to improve his or her own condition following an injury. The same is true in medical malpractice cases. A patient who is injured as the result of the negligence of a professional healthcare provider has an obligation to take reasonable steps to minimize his damages. He will not be entitled to recover for any damages that could have been avoided by reasonable care.