Woman Sues Doctor Over Her Own Birth

Halina Jane Gillett has Erb’s Palsy. This disease, also known as Erb-Duchenne Palsy, is a paralysis of the arm caused by injury to the upper group of the arm’s main nerves, and often manifests itself after a difficult birth. Gillett was pulled out of the womb by a forceps, even though her mother asked for a C-section. She believes that decision caused her condition and is now suing her doctor for his call.

According to Gillett’s mother, Marilyn Benson-Inglis, Dr. Jeffrey Robinson agreed to perform a C-section two weeks before the birth because of the baby’s position in the womb. While she was in labour, she asked if she could have the procedure because the pregnancy was “much bigger” than her previous three pregnancies. He allegedly dismissed her request by telling her “I don’t know.”

The case, which is going to the Australian Supreme Court, seems almost foreign and distant as C-sections are fairly routine procedures nowadays; some have even talked about a trend of moms who are “too posh to push.”

However, Gillett was only born in 1985 and forceps are still in use today in some occasions; the case is particularly relevant. It begs the question: which person do you trust more to choose the safest birthing option? The doctor whose job is to deliver babies, or the mother who feels the movements of the baby inside her?

While it might be easy to prove that Gillett’s disability was caused by the forceps delivery, it’s impossible to say whether going through with the C-section would have been entirely safe. It’s a major procedure that requires the doctor needs to cut through a woman’s abdomen and uterus; it’s not without its risks.

And with the amount of time that has passed, Robinson may not recall why he made the decision he did. In fact, with the medical advances made in the past 25 years, if he were to be faced with the same case today, he might approach the situation completely differently.

But this case would be making the waves it’s making today if the doctor had been completely clear on his course of action. If a C-section had been the choice, the mother deserved to know right away why it was not chosen in the end. That’s the doctor’s end of the bargain when patients entrust them with life-impacting decisions.

Whether he’ll admit to making a bad call remains to be seen, but that day in 1985, he was a bad caretaker.

Contact the author here: sedera@morningquickie.com