Shouldn't a premature baby have a chance to live?

I am helping a mother whose baby boy died just after being born.  He was just over 6 months gestation and premature by about 3 months.  Due to complications during labor, his mother was sedated. 

When she woke up, she was told that her baby had died.

It turns out that the neonatologist - the doctor who attends babies after birth - decided it was not worth trying to save the baby. So he did nothing. He let the baby die. The baby lived thirty minutes.

The doctor’s excuse was that the baby was too young to live. But, is that a reason for not trying?  And how does he know? Statistics show that this baby had more than a 50% chance of survival. Even if the chances were 1%, didn’t the baby deserve a chance? Didn’t the parents of this baby have the right to ask the doctor to save their child?

An expert neonatologist who is helping me has shed some very important light on the rights of parents and the duties of doctors when babies are born prematurely.

Babies born within a certain age range, generally 23 – 25 weeks gestation, are deemed to be on the "cusp of viability". This means that they are on the borderline of being able to live even with medical attention. Tremendous improvements in medical knowledge and technology have greatly improved the ability of premature babies to survive. Today, premature babies that would have died even 10 years ago are surviving and living healthy and happy lives.

The standard of care requires that before a doctor decides whether or not to try to save a premature baby born on the "cusp of viability", the doctor must consult the parents and follow their wishes.

Here, even though the mother was unconscious, the father was present at the hospital. And even if the doctor could not have spoken to the father, shouldn’t he have done whatever he could to save the baby until the mother awoke? You know she would have asked him to do everything he could.

Why shouldn't the medical profession be responsible for its errors?

If you or I rearend someone in a car accident, and we injure somebody, we are going to be held accountable for the injuries we cause. Yet many don’t want medical professionals to be held responsible for injuries they cause. Does that seem right?

A recent study claims that about 250,000 Americans die each year due to medical errors. If you think about it, that is an average of 5,000 people per state. Another study puts the number at about 90,000. That’s a better number, but still unacceptable. At the average rate, this conservative study means over 1,000 people will die in Arizona this year due to medical malpractice. 

The current system in some states still holds doctors and hospitals fully accountable for errors. States that have enacted tort reform allow medical professionals to escape full responsibility, by capping what they owe when they make mistakes.

The reason that medical professionals should be held fully accountable for their errors is because it forces them to meet accepted standards of care. The American tort system used to hold the medical profession liable. You know what the result was? Better medicine. Because the profession was held responsible, doctors and hospitals were forced to improve the quality of their service, to institute procedures and protocols, to have checks and balances, and to review and supervise staff. Do you know why the profession improved itself? Because money talks. Forcing the profession to pay for its mistakes incentivizes it to reduce mistakes and to improve the quality of care. 

As stated above, up to 250,000 people still die each year due to medical negligence. That’s the number after decades of malpractice suits have forced the profession to improve itself. Imagine what that number would be if doctors and hospitals did not know that they would be held accountable. A legal system that allows full recovery provides a very important check and balance on the medical system.