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Medical Malpractice

5-Time Mom Sues Doc Over Alleged Labor From Hell

Posted Dec 16, 2008 4:07 PM CST
By Martha Neil

Catherine Skol had already had four other children. But delivering the fifth was the most painful experience she has ever had, she contends--and she's hired a high-profile Illinois personal injury lawyer to prove it.

In a lawsuit filed by attorney Kathleen Zellner this week against the fill-in doctor who handled her delivery, Scott Pierce, Skol claims that he began treating her badly as soon as he arrived, four hours after she did, at Rush University Medical Center. Among other allegations, she contends that he gave her a painful vaginal exam in the middle of a contraction, told a nurse she deserved to feel pain because she hadn't called before coming into the hospital at about 4 a.m., and told Skol to "Shut up, close your mouth and push" as she and others questioned his approach, reports the Chicago Tribune.

Even after Skol delivered, her ordeal at Pierce's hands wasn't over, the lawsuit contends: "After the birth, Pierce gave Skol needless stiches for tiny tears, using a needle that was unnecessarily large," the newspaper recounts.

A spokesperson for the hospital says that Pierce was reprimanded for his treatment of Skol, but notes that he is in private practice and doesn't work for Rush although he has privileges there. Pierce apparently couldn't be reached by the Tribune for comment on the Cook County Circuit Court lawsuit.

Comments

1.

J.D.
Dec 16, 2008 4:19 PM CST

The more I learn about Chicago, the more I realize how ridiculous of a people it contains.

The baby appears gargantuan, so maybe that’s the reason for the pain:

http://www.chicagotribune.com/features/lifestyle/health/chi-delivery-lawsuit-16-dec16,0,1637494.story

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2.

Jer
Dec 17, 2008 10:27 AM CST

You’re blaming a large baby for the hardly deniable fact that this doctor is a complete toolbag?

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3.

Joel
Dec 17, 2008 10:48 AM CST

Talk about ridiculous.  The photo of the baby is at 9 months.  Nothing in the article says the size of the baby at birth.  Even the photo is not a good indication of the baby’s size.  The baby is closer to the lense than the mother. Any photo primer will tell you objects closer to camera lenses look larger.

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4.

Heidi O
Dec 17, 2008 11:38 AM CST

After my labor from hell with baby #1, I went to a midwife.  They don’t just give you drugs and monitor you, they actually help you to labor.  Duh.

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5.

B. McLeod
Dec 17, 2008 11:39 AM CST

Was “Pierce” his real name, or do they just call him that on staff because of the needle thing?

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6.

mythago
Dec 17, 2008 1:05 PM CST

J.D., a baby so “gargantuan” that it would cause an unusual level of pain would have to be delivered by C-section. So your point is, what, the doctor did not order a C-section when he should have?

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7.

J.D.
Dec 17, 2008 1:41 PM CST

I include the doctor in my “ridiculous people” descriptor. The whole thing is ridiculous.

Still seems like an over-litigious society to me.

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8.

associate
Dec 17, 2008 2:06 PM CST

How not to get sued for doctors, lawyers, accountants, and the general businessman.  Lesson 1:

Be nice to the people you’re working for.  If you have to ask whether that means your boss or your clients, you’re already in over your head and you should find another line of work.

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9.

Jose
Dec 17, 2008 2:13 PM CST

5 times around…isn’t that already hell

trial lawyers must be hard pressed in chicago these days

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10.

Deebs
Dec 19, 2008 7:08 AM CST

Just another example of Anyone can Sue Anyone over Anything.  Doesnt mean you will win, but the lawyers on both sides will make a ton of money!

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11.

Bill
Dec 19, 2008 7:15 AM CST

Define a “ton” of money.  I doubt either lawyer will make a “ton” of money.  If the plaintiff manages to finally pull off a victory and get a large judgment, then maybe - maybe - the lawyer will get 1/3 of whatever that is.  But that would be after spending a lot of time working on the case.  And it assumes no appeal and no further legal work to collect.

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12.

Andy
Dec 19, 2008 7:25 AM CST

Even if Dr. Pierce is in private practice, is it not possible that Rush may have liability in this case -under the state of Illinois’  agency provisions?

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13.

Nellmezzo
Dec 19, 2008 8:36 AM CST

Every once in a while we get a comment string that demonstrates hostility toward women in a way that takes your breath away.  This is one.  You guys really don’t think that this police office, with 4 previous labors, might have acquired discernment on how she is being treated and what the accepotable pain levels are?  Amazing arrogance and lack of empathy.

And you should get out more.  It’s reasonably well known that the medical field attracts a significant percentage of sadists, because medicine is a socially-acceptable way to inflict, withhold or relieve pain, without being challenged by any authorities.

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14.

Lily
Dec 19, 2008 9:05 AM CST

I completely agree, Nelmezzo.  This woman had 4 previous labors, and, I’m assuming, didn’t sue any of those doctors.

There was recently an article in the New York Times about arrogant and abusive doctors.  I’ve always been lucky with my doctors, but no one should have to put up with a doctor putting her in needless pain.  It’s not frivolous to demand care from someone who you are paying for that service!

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15.

FruitfulnMultiplying
Dec 19, 2008 9:16 AM CST

Perhaps Mom and Dad should pop out a few more to get a better statistical average. Maybe they can all be lawyers at lower-tier schools. THIS BLOG MUST BE FED!

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16.

Jen
Dec 19, 2008 9:21 AM CST

I agree with Nellmezzo.  The doctor’s comments alone constitute serious abuse.  And I challenge anyone to find one male lawyer who would not sue his doctor for putting in unnecessary stitches with a large needle on his reproductive parts.  The suit is hardly frivolous.  I am horrified by the misogyny evident in some of the above posts.

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17.

NativeNewYorker
Dec 19, 2008 9:37 AM CST

For those who provided insensitve vile comments, first don’t any of you have mothers?  If your urologist or proctologist pushed too hard, probed too long or ridiculed you during a procedure because you complained of the pain, I am quite sure you would consider filing some type of complaint with the proper authorities and certainly would consider not paying the bill. The mother of five (who may consider working as a legal professional hell) may have attempted to do so without any success and proceeded to the courts.

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18.

sb
Dec 19, 2008 10:16 AM CST

My wife has had 5 children, and our 5th was the most difficult delivery—and the smallest baby out of all of them.

No matter how “easy” or “natural” labor and delivery is, it is a traumatic process.  Regardless of the circumstances, I can’t think of any reason for a doctor to be as much a jerk as this one was.  Like it or not, there really is no other way to get people to do their job in a professional and/or careful manner than to have the threat of lawsuit over their head.  His hospital may have given him a reprimand, but he’s about to get a real butt chewing from his malpractice carrier.  In the future, hopefully he will treat his patients with the respect and dignity they have a right to receive.

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19.

Stevie B, MSEE, JD, MD
Dec 19, 2008 11:12 AM CST

Pain is often under-treated, both by those without compasion and lousy bedside manner like this mad doc and by those who—under DEA propaganda and pressure—fear addicting their patients.  Some patients also fear addiction and avoid the better painkillers.

Delivery poses some interesting issues with pain medication—in USA epidurals are preferred because they can releive Mom’s pain without sedating the baby.

While an epidural may be difficult late in delivery (one has to carefully insert a needle into the space between the spinal cord and the surrounding vertebral foramina—a patient writhing in pain could make that needle hit the cord instead), there are alternatives. 

One alternative, rare in USA but common in England where I did student OBGYN rotation, is nitrous oxide—which does not require a patient hold still, and which blows off quickly so as to not affect the baby.  At least that should have been offered.

I hope that, in the highly unlikely event I can find a residency (No 2008 match from 150 apps, 2009 match 300 apps at A$25 each, 4 interviews to date, because the US gave out too many J-1 and H-1B visas), I will prove a far more compasionate physician than this one.  Meanwhile, I have some patent applications to prepare….

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20.

prosecute
Dec 19, 2008 11:16 AM CST

We have to separate the issues.  If she is suing the doctor for being an a__hole, then yes, it is a frivolous suit, and we attorneys should be mightily anxious because there is no end to the number of us whose conduct would precipitate such a cause of action.  In this sense the plaintiff just got awful customer service, and that happens more in this society than it should—though it’s nothing to sue over.  If, on the other hand, this is really, truly about sloppy medical practices that caused undue pain, well, then the M.D. has to “take his medicine” (yes, folks, I’ll be appearing in the Catskills this weekend). 
I can’t even begin to count the number of people I have talked to who want to sue their neighbor, doctor, LAWYER, ex-friend, etc. for being what amounts to a jerk.  When being a jerk becomes a cause of action, that will be a sign of the apocalypse.

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21.

Ronnie
Dec 19, 2008 1:08 PM CST

To Stevie B,

Wonderful post.  My condolences on your Match experience; my boyfriend has had similar ones and we’re praying that the third time is the charm.  I would hate to have a doctor, or anyone really, treat me in that atrocious manner, and I’m grateful to know that future doctors like yourself won’t fall into that category.  Best wishes to you.

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22.

Bill Dugan
Dec 19, 2008 3:42 PM CST

The dase is ridiculus.  The woman is about to give birth.  Of course the doctor has to give her a vaginal exam.  What is she claiming that she was stretched out?  She’s hardly virginal.

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23.

A female who knows
Dec 19, 2008 6:37 PM CST

Give me a break.  A vaginal exam on relaxed PC muscles is one thing.  A vaginal exam during a heavy contraction requires the equivalent of the jaws of life and would be extremely painful.  It wouldn’t have killed the doctor to wait until the contraction was over to do the exam, especially considering he was four hours late to the hospital in the first place.  The “dase” is absolutely not “ridiculus.”

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24.

Smo
Dec 19, 2008 8:14 PM CST

For the record, ‘vaginal exam during a contraction’ is a dry little phrase which gives little indication of the freakish agony involved!  Contractions don’t last for half an hour—even a busy doctor should be able to wait for thirty seconds or so to administer a vaginal exam.  It sounds like this guy thoroughly deserves to be sued; birthrape is no joke.

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25.

Alma Alvar
Dec 20, 2008 2:05 PM CST

I don’t think the doc was doing anything wrong.  He needed to do what he did; how was he to know she would start contracting? This is what’s wrong with america—they sue over anything.  You can’t even have a doctor do a vaginal exam on someone about to give birth?  Come on.

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26.

Wow
Dec 21, 2008 12:48 AM CST

These threads are always so easily trolled.

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27.

RS
Dec 21, 2008 12:55 PM CST

It’s clear that a lot of the people commenting on here have either not had children or are men because it is obvious that this doctor was out of line.

Yes, as an OB/GYN, he would have known when she was having a contraction. He could have waited a few seconds until after it was over.  To be in that much pain and then have a vaginal exam is torturous and he knew it by saying that she deserved to feel pain b/c she did not call before coming to the hospital.

The fact that she had 4 other children prior to this and probably did not sue any of those doctors should indicate that there was obviously something wrong. We don’t even have all of the facts or details, but from what I have read it is clear that he crossed the line. It’s not like this is her first child and she does not know how labor and delivery is supposed to occur. She has had 4 other children.

Anyone who thinks this is a ridiculous suit needs to re-read the article and then read up on labor and delivery b/c it is clear that a lot of people on here are just commenting for the hell of it and have no idea about what labor entails.

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28.

Stony Brook University
Dec 22, 2008 5:15 AM CST

This young lady went through a terrible ordeal. We read the complaint and it appears that there are numerous witnesses that verify the abuse and malpractice. Feel free to read the official complaint right here…
http://obiwanmikenolte.com/SkolComplaint.pdf

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29.

Ella B
Dec 22, 2008 7:30 AM CST

I feel bad for the lady, and also, believe it or not, for the doctor.  He tried to do a good job, came in during the middle of the night, and got the job done.  Every time I face someone who is not super nice, I just smile and say to myself, “glad I’m not like him”.  This is what the woman should have done.  Why sue all the time?  I don’t understand.  Isn’t this why lawyers are getting a bad name for encouraging lawsuits?  I say enough with the litigation.  The doctor should say I m sorry and the woman should say, thank you.

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30.

Stony Brook University
Dec 22, 2008 9:07 AM CST

ATTENTION “ELLA B” You obviously did Not read the complaint or you would not have anything but contempt for the doctor. Please read it and yes I will accept your apology!...
http://obiwanmikenolte.com/SkolComplaint.pdf

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31.

Meg
Dec 22, 2008 2:15 PM CST

If I were angry at someone for showing up to my office without calling first and proceeded to inflict severe pain on them as punishment, I assume I would be arrested.  Read the full complaint (http://obiwanmikenolte.com/SkolComplaint.pdf).  I’ve been close to tears since I did.

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32.

Tommy
Dec 22, 2008 4:34 PM CST

This obstetrician, Dr. Pierce, has been in practice for a long time. His behavior as described in the complaint is so over the top it makes one wonder how he could have remained an obstetrician for so many years. It also makes you wonder if he is an “impaired physician” with either a substance abuse problem or a mental health issue. Unfortunately we all know what is going to happen. Dr. Pierce’s insurance company will settle this case, the plaintiff and her attorney will receive a very large check, and Dr. Pierce will continue to practice obstetrics if not in the Chicagoland area then elsewhere.

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33.

Allan Sheketovits
Dec 22, 2008 5:48 PM CST

There are 2 sides for every story, and the complaint will obviously be biased.  I am not the trier of fact, and neither should any of us condemn the doctor until after trial.  I think we are very judgemental on this website and that is not a good thing.

I suggest we wait for the doctor’s answer before we pass judgement.

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34.

Stony Brook University
Dec 22, 2008 7:05 PM CST

The doctor has the right to remain silent! Everything he’s said so far will be used against him in a court of law. I wouldn’t be too surprised if criminal charges follow!

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35.

Charles
Dec 29, 2008 12:20 PM CST

While it is true that the complaint is likely to be biased, it does state that the doctor has lost his privileges at the hospital for his actions related to this event. The hospital would not take such drastic action unless it had good evidence to back up a claim of inappropriate behavior. It is also unlikely that the complaint would falsely claim that the doctor had lost his privileges. Hence, I think it is reasonable to conclude that this physician is not going to fair well in this action.

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36.

Stony Brook University
Dec 29, 2008 8:33 PM CST

If you read the complaint and you can here..http://obiwanmikenolte.com/SkolComplaint.pdf
You will see that there are a number of hospital nurses and resident doctors as witnesses for the victim. They would be putting their jobs in jeopardy if they were lying.
I say good riddance to the Dr. Frankenstein, lets lynch em!

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