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Halina Jane Gillett Sues Doc Over Her Own Birth (VIDEO)

Huffington Post     First Posted: 08/02/11 06:29 PM ET Updated: 10/02/11 06:12 AM ET

A 25-year-old woman is suing the doctor who delivered her when she was a baby, saying she would not have medical difficulties from erb's palsy today if he had just conducted a caesarean birth like her mother requested, according to news reports.

Halina Jane Gillett was born in 1985 in a hospital in Newcastle, Australia. Her mother, Marilyn Benson-Inglis, requested a C-section from her obstetrician Professor Jeffrey Robinson because the pregnancy was "much bigger" than her previous three pregnancies, Australia's The Telegraph reported.

However, Robinson ended up doing a forceps delivery, which Gillett says caused her erb's palsy, according to The Telegraph.

The medical condition leaves Gillett without full use of her arm. It is often caused by shoulder dystocia during birth, which occurs when the head and neck of the baby are pulled to the side while the shoulders are going through the birth canal, news.com.au reported.

Now, Gillett is taking Robinson to Australia's Supreme Court.

 
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11:36 PM on 08/03/2011
Those of you advocating for chiropractic (of whatever type) in these specific cases, please... DO YOUR RESEARCH. You make chiropractic look like it is filled with kooks and crazies! The muscles do not work after a brachial plexus injury because the very nerves themselves which carry the signal from the brain, the nerves which chemically signal the muscle to contract, are ripped in half in the neck area or are pulled from the spinal cord altogether. Chiropractic can no more heal that kind of injury than it can put back together a dislocated knee or broken leg. It is incredibly insulting to the people (and parents) dealing with the aftermath of this injury to have such ignorant comments regarding miraculous "cures" that show no understanding of the underlying medical condition. I do believe that chiropractic (done right) can be an amazing benefit for quite a number of conditions. Broken legs - and torn nerves - are unfortunately just not some of them.
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Apathetic Apostle
Independent
07:06 PM on 08/03/2011
There are many posters, on the Fox News message boards, whose Doctors I would like to sue.
04:01 PM on 08/03/2011
My daughter has the same condition. No chiropractor can fix this. Fortunately, I made sure she did everything other kids did and led a normal life and was not babied. We did OT and worked with her endlessly at home. 2 years ago she saw a surgeon to see if more use could be obtained and he was in awe at what he saw. He could not believe she could put her arm behind her head or extend it in the range she could. He was amazed at the normal muscle tone she had obtained from doing dance and gymnastics. Her only option was serious surgery and with all the open heart surgeries she has had we opted not to do that and be happy with what she has. He asked me what we had done that she had such a normal arm.
11:50 AM on 08/03/2011
A simple trip to a Specific Upper Cervical Chiropractor will answer all her questions and fix her problem under care. I've seen these kind of "problems" disappear under this care, and usually within days, if not a week or two, to never return as long as the patient holds the adjustment. It's just too simple for people to comprehend, but I do!! =)
12:12 PM on 08/03/2011
This is rediculous. My daughter has erbs palsy because she was far bigger than expected and was not breathing. It is not something that can be corrected with chiropractoic care. After 4 years of therapy she has 50% usage of her arm. It is not an issue with bones lining up, or re-alignment in anyway. It is an issues of muscles, ligaments and nerves being torn and not functioning properly. She cannot lift her arm above her shoulder, or rotate her arm enough to feed herself properly with that arm. If a Chiroprator would help, we would've gone, and it would've been suggested by out therapists, doctors, and Orthopedic Surgeons.
12:56 PM on 08/03/2011
Absolutely it can! You missed the part about "SPECIFIC UPPER CERVICAL DR." and biasly saw Chiropractor . Just what exactly do you think causes the muscles to spasm?? When your spinal cord is compromised and your brain can't get the message to your body like it needs to function properly, it doesn't. For your lack of knowledge I have attached a website for you to start your research and I hope a quick recovery for your daughter once she's under UPPER CERVICAL CARE =)

UpCspine.com to start....

This website was created by a patient/believer and is supported by millions who have found relief from HEADACHES TO DEPRESSION TO IBS TO M.S. TO FYBROMYALGIA and many, many more. Like I said, too simple for most to comprehend....
01:10 PM on 08/03/2011
Also, you MD would NEVER tell you about Specific Upper Cervical Care. That would mean you wouldn't need their care anymore and that would be taking the coin out of their pocket!!
10:24 PM on 08/14/2011
this is ridiculous. you cannot fix erbs palsy with a "simple trip to a Specific Upper Cervical Chiropractor". I should know. I had physical therapy for 9 years. Might I add, my humerus is not fully grown due to the injury. Can a chiropractor fix that too without an operation??
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Henssis1
10:15 AM on 08/03/2011
Why did she wait until she was 25 years old???
10:13 AM on 08/03/2011
Doctors are suppose to do no harm. Yet suing the doctor will not make him pay his Insurance will pay.
Theses doctors get their money an one lives with the mistake they make. they walk away richer.
It is life the are dealing with. Physical life can not be replaced. It sounded this doctor was arrogant.
There is less chance of infection in nature birth. Doctors needs to listen to Patient it is their body.
09:44 AM on 08/03/2011
Just gonna.. post this little tidbit for all of you to think about while you're crying about how evil the doctor is. "The risk of death in the first 28 days of life was 1.77 per 1,000 live births among women who had c-sections, compared to 0.62 per 1,000 for women who delivered vaginally."
http://www.medicineonline.com/news/12/6008/High-infant-mortality-seen-with-elective-c-section.html
You may continue to fight amongst yourselves.
12:35 PM on 08/03/2011
Just to add- usually if there is a c-section scheduled, or otherwise needed due to emergency, there is ALREADY a higher risk for death. It's not the C- section in itself that accounts for this very small increase in death. By the way.
12:50 PM on 08/03/2011
Your statistic is irrelevant to this discussion. The statistic is an average. But there are specific circumstances here. And there are specific circumstances where a C-section has a better morbidity and mortality outcome than vaginal delivery. The statistic that matters here is a comparison between the two delivery options when a baby is larger than normal. The mother is alluding to her baby being large, She says it was "much bigger" than her previous babies. If the baby was indeed larger than average then maybe a C-section is the better alternative from a statistical view.. Do you have the statistic for this particular delivery situation?
09:28 AM on 08/03/2011
And how many unnecessary c-sections are done because the baby is supposedly big?...Lots! Ultrasounds can be off by 1-2 pounds in either direction at term! There are a ridiculous amount of c-sections done due to supposedly big babies and the baby turns out to be normal weight. Doctors try to practice according to standard of care and guidelines put out by professional organizations. These guidelines state that inductions should not be done to prevent macrosomia (big baby) because doing so does not reduce the complications. They also state that a c-section should only be offered if the estimated fetal weight is greater than 5000grams or greater than 4500grams for a diabetic mother.
09:47 AM on 08/03/2011
What is amazing is that the SOC(standard of care) changes from year to year. In this case what you quote has changed. My suggestion, understand that although SOC needs to be in place, each situation is personal and unique as to the procedure that needs to be done. Size of the baby is one of many, many reasons that a C is requested or needed. You fail to understand that the manual that you read from is not all inclusive nor up to date. Also, without a doubt, you do not understand what the deffinition of "guidelines" means. Guidlines are just that, SOC with the opportunity to alter based on the situation and patient present to them. If everyone stuck strickly to guidlines, no progress, nor innovation would occur and the guidlines would be dated back to the 19th century. Guidlines change. Personally, you seem to have an issue with "C's" to begine with and it is clear in your tone.
09:55 AM on 08/03/2011
Wow...I guess I sure do have an issue with "C's"... I am off this morning to perform one... Anyhow, what I have quoted has not changed. These are the guidelines and I definitely follow them because if I do not, I will be sued. Of course, even if I do, I will also be sued. A doctor can't win. I try to do the best I can for every patient that I see. Thank God, in the 10 years I have been in practice, I have not had any bad outcomes with babies. I go to work every day and do the best that I can according to what we know and of course I individualize each and every case. And, by the way, I do not play golf...even if I wanted to, I would not have the time...
01:24 PM on 08/03/2011
Doctors do need to listen: I understand the 11 pound estimate, but sometimes a 9 or 10 pound baby is too large for the mother. In the case of my sister, who is very small-boned and 4 feet 10 inches, she and her son nearly died because the doctor thought a C-section was unneccessary. The blood loss was so great, they almost lost both several times. My problem was a D&C done in a doctors office. I told the doctor that I'd been advised, by the doctor who delivered my baby, if I needed a D&C, I'd need to have it done in a hospital because the veins were so close to the surface. Giving natural birth to my daughter nearly killed me from all the blood loss. A D&C, he said, would have the same affect. Well, Dr. #2 argued that was totally unnecessary and went ahead with the D&C in his office. A few seconds later he yelled something that no patient should ever hear her doctor yell: "Someone get in here quick! She's bleeding like a stuck pig! HURRY! HURRY! HURRY DAMMIT!! BRING ICE! LOTS AND LOTS OF ICE!!!" I could have died and I could never have another child, because Dr. #2 refused to listen to me.
04:14 PM on 08/03/2011
Roseanne,
There are good doctors and bad doctors, just like in every profession. There are some things that are just plain malpractice. BUT, what I see on this site is an outright hostility toward the medical profession - like we are all money hungry, evil people who never listen to their patients. I for one have a very holistic approach to medicine and always listen to my patients. I also understand that every case is unique. I will do a c-section on a patient that is requesting one due to the size of the baby (in fact, many times we offer a c-section if we suspect the baby is big)...I just explain the risks and the benefits of both c-section and trial of vaginal delivery with possible shoulder dystocia/erb's palsy (brachial plexus injury).
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leewall
my ears ring.I have Marshall syndrome
09:26 AM on 08/03/2011
I didn't know Jim Sokolov had a practice in Australia too.
09:20 AM on 08/03/2011
She has to be sure she will win, if not she will pay for her legal fees and his, it's one of the ways Australia limits the number of frivolous suits.
09:06 AM on 08/03/2011
Love the comment "perhaps you also suffer from cranial-rectal syndrome" also! By this wack-job's reasoning, every doctor should take advice from their patients. astounding
09:14 AM on 08/03/2011
I think you are confusing me with yourself. Actually, I wish my mother's doctor had taken my advice and not operated on her. She was 88 and had only 30% kidney funcion. I begged him not to, but he saw his next five boat payments on the operating table. A a result of his greed, my mother died. Doctors need to listen to their patients. We are the biggest experts on ourselves.
09:32 AM on 08/03/2011
However you was not his patent your mother is his patent.. their for he does whats best for the patent. however the end result of your begging him not too do the surgery and her dieing cause he didnt do it would have been the same whining complant as the one you posted above. cause then you would whined about him not doing it to attempt to save her life.. what ever your post most likely not even true..
09:43 AM on 08/03/2011
Wow, your comment made my eyes tear up. I'm so sorry to hear of your loss. At least you can take comfort in knowing she is healthy and happy as can be now, because we sure know doctors aren't good candidates for comforting! And I completely agree. Doctors don't have the right to take charge of someone else's life, let alone someone ELSES baby being delivered. If we want things done a certain way, I believe it's their job to honor those wishes and maybe they'd save more lives instead of killing them with stupidity.
09:43 AM on 08/03/2011
While I don't agree with the suit. It is a Doctor's job to do what is best for the patients and in doing that LISTENING to them is rather key. The patient is the one who know's their body and inner workings better than anyone else. A Doctor's job is to listen to their problems and then do what he or she can to help. Not ignore them. So while again I say, the suit is somewhat frivolous on it's basis. Making the blanket statement that Doctors shouldn't listen or take advice from the people their helping is somewhat along the lines of cranial-rectal syndrome as well.
11:52 AM on 08/03/2011
I've known many a patient who has no clue how their body works
09:05 AM on 08/03/2011
You go girl. Doctors think they are gods and that medicine is a quick triup tp wealth.
08:57 AM on 08/03/2011
He might have been late to his tee time if he had followed patient instructions. I thought this was just another lawsuit, but it is a doctor deciding he "knows better" and not following instructions. I hope she rips him apart.
09:09 AM on 08/03/2011
Instructions?!? Really!?!!

Holy crap...did she order fries with that delivery?
09:40 AM on 08/03/2011
Actually, REALLY!?!?! to you!! If a mother wants HER baby delivered a certain way, and the doctor does what HE wants, she has EVERY right to raise hell. They are not the doctor's baby, so to simply put it, they want to continue their practices as doctors, they LISTEN.
03:17 PM on 08/03/2011
If she was pregnant and said "C-section", then that is instructions. If you think that ordering fries qualifies as instructions, you are sick. I hope you doctor thinks that way too.
09:14 AM on 08/03/2011
I think if he was looking for tee time than a c-section would have been his choice. And why would an expert think he "knows better"? And why would he take instructions from a patient?
09:21 AM on 08/03/2011
At the time she was born, in Australia, doctors were treated as if they were gods and they did not take input from patients.
08:46 AM on 08/03/2011
Wow. Unless this lady has documentation of this conversation between her mom and her OB this will go nowhere. Lots of things can happen in 2 weeks. Perhaps the orientation of the baby changed in that time, so it became a lower risk. Perhaps the mom took more out of the "deal" she made with her doctor than the doctor intended.

With all the risks involved with a C/S, there are strict criteria for doing one. A history of difficult pregnancies has zero merit in this case. The only positional indication for a C/S is breech....period.

And here I thought the US cornered the market on ambulance chasers...
09:46 AM on 08/03/2011
You completely missed the point. Her mother WANTED IT DONE. This was HER baby. She had right to a c/s. You can schedule c/s's, if your nervous about other options. I know that, because I did it. So, she was perfectly able to have one, the doctor simply ignored her wishes for a fatter paycheck, now look what's come of it.
10:56 AM on 08/03/2011
So if I tell my local general surgeon to remove my prostate because I don't want to get prostate cancer someday...then he/she should do that too?

I'll give the tin-foil heads on this site one legitimate point...a patient has a Bill of Rights (at least here in the US). Thoses rights DON'T include dictating care to a physician who has spent the better part of a decade training to do what he/she does. The Bill of Rights does include the right to transfer care. If she truly was in labor for 30 hours, she had SEVERAL opportunities to fire her current doc and get a new one. She didn't.

I'm not saying the doc was right. He might have performed malpractice and deserves to be taken to the cleaners if he did that. What he is not guilty of is failing to do a la carte medicine.

Long story short...your doc did an invasive surgical proceedure with NO medical indication (at least none that you have offered up). THAT is unquestionable malpractice. Hopefully his/her peers had a chance to review your case and placed him/her on probabtion for doing a criteria based proceedure on an elective basis. I guarantee that if you or your child had a poor outcome that hospital would have been writing a MASSIVE check...and justifiably so.
11:04 AM on 08/03/2011
Almost forgot....lots more money to do a C/S than a vaginal proceedure....but good luck with turning this into a greed thing.
08:41 AM on 08/03/2011
Forceps should never be used. They can cause many problems including Erb's Palsy as this woman suffers and also Chiara malformation which can lead to death due to disfigurment of the skull. Since the mother requested a C-section due to concerns over the size of the baby, she should have had her way.