Kevin MD pointed out this story: “No liability for doctor who revived newborn.”

A doctor can’t be held liable for resuscitating a baby who was born without a heartbeat and survived with severe disabilities, the state Supreme Court says.

The baby’s parents filed a malpractice lawsuit after the baby’s 2004 birth. They claimed doctors in Vancouver, Wash., were negligent when they continued to resuscitate the baby for almost half an hour, after he was born without a heartbeat.

The parents also said the medical team should have gotten their consent before continuing to revive the baby.

But the Supreme Court justices say the doctor can’t be held liable for failing to stop resuscitation efforts on a baby.

It is pretty insane when a doctor can be sued if he fails to save a baby’s life and also if he saves the baby’s life. While the Supreme Court did the right thing, the first commenter at Overlawyered made a great point that the doctor or the insurance company had to shell out a lot of money for his defense before the case reached the state’s Supreme Court.

(And as long as I’m mentioning comments, this response to the story at Kevin MD’s blog is really sad.)