New father sues midwife for €38000

az2wp0sye65487

http://www.independent.ie/national-news/courts/midwife-who-helped-baby-breathe-sued-by-film-dad-1651864.html


What an idiot

Opinions please....

Aodan83

The man's a tool.

Sleipnir

Yeah a complete moron. What else can you say about someone like that?

junior_apollo

Nayeli Gigantic Heap wrote: »

http://www.independent.ie/national-news/courts/midwife-who-helped-baby-breathe-sued-by-film-dad-1651864.html


What an idiot

Opinions please....

You said it for me...

DarkJager

I would have broken it off his skull.

quad_red

What a tool.

Photo on the front of the Indo. Ugly troll with young trophy wife wearing ridiculously over the top fur coat.

Mingey

Nayeli Gigantic Heap wrote: »

http://www.independent.ie/national-news/courts/midwife-who-helped-baby-breathe-sued-by-film-dad-1651864.html


What an idiot

Opinions please....

Well after your rivetting review I thought I would add one of my own.

He wanted to film the baby in distress and the midwife trying to rescue it?
He is an idiot, he didnt win though, thankfully.

tribulus

Sleipnir wrote: »

Yeah a complete moron. What else can you say about someone like that?

Die nameless.

Too much?

Complete idiot.

az2wp0sye65487

Glad to see I'm not the only one who thought that this was ridiculous!

I have no kids, but I'd imagine that during the birth you'd be more concerned with your child's welfare than being able to film everything?...

PurplePrincess

He is a shocking example of what society has become. Happy to practically shove a midwife out of the way with his camera while his baby is in distress.

An idiot of epic proportions.

Mingey

AND she is wearing real fur....I bet he wanted to film the bludgeoning of an arctic fox too.

liah

The mother's name is Jurgita Jachimaviciute? That's a mouthful.

Anyway, the guy's a tard and probably shouldn't have the kid at all if he thinks having it on film is better than actually having a living, breathing child to hold.

People are ridiculous.

mikemac

What a muppet.

Judge Mathews, dismissing the claim with costs, said Mr McAuley's evidence was entirely incapable of being considered by any judge as amounting to a breach of contract.

Is he going to have to pay costs? I sure hope so but it's not that clear to me.
Anyone confirm?

stovelid

My sister in law was a midwife for years and said she actually was almost elbowed out of the way by clowns trying to get the perfect 'money shot'.

mumhaabu

Would somebody buy this man a suit jacket that actually fits? his one is about three sizes too small:pac: I guess he gained weight from eating the placenta too:eek: People like him are probably inspired by movies like 9 months and likewise idiots such as Tom Cruise.

The fact that his wife is Lithuanian says alot as no Irish woman in her right mind would give this plonker the time of time.

Terry

Doesn't anyone copy and paste any more?

Some people can't access every site as they may be in work or something.
Please (everyone) copy and paste the articles here.

Also, some people just don't want to open another tab or window.

Midwife who helped baby breathe sued by 'film dad'
€38,000 claim over interruption to birth video is thrown out


John McAuley and Jurgita Jachimaviciute leaving the Circuit Civil Court yesterday after Mr McAuley's claim of breach of contract against midwife Iris Halbach and Mount Carmel Hospital, Dublin, was dismissed

By Ray Managh

Wednesday February 25 2009

A PROUD father tried to sue a midwife for €38,000 after she interrupted filming of his baby's emergency caesarean birth to clear the child's airways.

John McAuley wanted to film "every precious moment of the first minutes of his baby's life", a court heard yesterday.

But Judge Joseph Mathews threw out Mr McAuley's breach-of-contract claim against midwife Iris Halbach and Mount Carmel Hospital in Dublin when he heard Ms Halbach had simply asked for a momentary stop in filming while she carried out an emergency clearance of the baby's airways.

Mr McAuley, of Beatty Park, Celbridge, Co Kildare, and an address in Lithuania, told the Circuit Civil Court that, in December 2006, he filmed the labour of his partner, Jurgita Jachimaviciute, up to and during an emergency caesarean delivery of their first child in the hospital.

Defence counsel Simon Mills was granted a direction to dismiss Mr McAuley's claim after he agreed in cross-examination that all Ms Halbach had said was: "Maybe we could hang on a little with the filming until the baby is all recovered, if you don't mind."

Abuse

Mr McAuley, in evidence, had described these words as justifying his claim that Ms Halbach had at that moment become "irrational and agitated".

Mr Mills submitted that the claim by Mr McAuley and his partner was an abuse of process, frivolous and vexatious and disclosed no real cause of action.

Mr McAuley told the court he had also been asked by Ms Halbach to stop filming his baby in the nursery section of the hospital while she and two other nurses dealt with weight, gender and official identification records.

He said their private consultant, Gerry Rafferty, had told them months before the December 2006 birth that he saw no problem with Mr McAuley filming the birth.

Before using his handheld camcorder, Mr McAuley had also obtained permission from hospital staff.

Mr McAuley claimed the two interruptions to his filming of the event constituted a breach of contract with the Mount Carmel Medical Group (South Dublin) Ltd, which trades as Mount Carmel Hospital, Braemor Road, Dublin.

He told Mr Mills he had recorded a 39-minute cassette of the birth but had five other 39-minute tapes with him.

While he had no filming contract in writing, he considered he had a legal agreement with the hospital.

Filming

Mr Rafferty, against whom no legal proceedings had been taken, had informed him there could be no clinical reason to disallow filming.

Mr McAuley had claimed to have paid the hospital group €12,000 in respect of pre- and post-natal accommodation and services, and to have paid Mr Rafferty €1,800 for his services.

He said he and his partner had been given a perfectly healthy baby and he could not criticise the hospital in any way for care of the mother and child.

Judge Mathews, dismissing the claim with costs, said Mr McAuley's evidence was entirely incapable of being considered by any judge as amounting to a breach of contract.

Ms Halbach's having politely asked for filming to stop briefly while she attended to the baby's airways could not be considered an "irrational and agitated" response in a situation which had turned into an emergency, he said.

- Ray Managh

GazPat

He is an absolute idiot, Mount Carmel from what I think is a private hospital which would cost a lot of money, not only did he comprimise the welfare of his own child, in doing so he tried to make money from it. Maybe the hospital should have sued him, he obviously has money, so what on earth was he doing, he should have given the midwife thanks and not this pile of sh*te.

Verdict - Moron

r3nu4l

Er hang on, while the man was silly the midwife was also a bit of a fool imo. For both the father AND the midwife to be more concerned about the filming than the baby is ridiculous.

We haven't heard that the filming was interrupting the process of clearing the baby's airway. Nowhere does the article say that.

Let's be careful about how we view this. It may very well be that the guy was getting in the way but he may not have been. If I was a medical professional I wouldn't want my actions filmed from a 'don't sue me' perspective. I wouldn't want video evidence of my performance if the baby didn't make it. That's why I would ask for filming to be stopped.

az2wp0sye65487

r3nu4l wrote: »

Er hang on, while the man was silly the midwife was also a bit of a fool imo. For both the father AND the midwife to be more concerned about the filming than the baby is ridiculous.

We haven't heard that the filming was interrupting the process of clearing the baby's airway. Nowhere does the article say that.

Let's be careful about how we view this. It may very well be that the guy was getting in the way but he may not have been. If I was a medical professional I wouldn't want my actions filmed from a 'don't sue me' perspective. I wouldn't want video evidence of my performance if the baby didn't make it. That's why I would ask for filming to be stopped.

While you may have a point, don't you think it might be more respectful to both your child and the hospital to have the cop-on to stop filming your new baby struggling for breath? What if the baby didn't make it? Would he have said to his partner "Ah sure don't worry, I got it on tape anyway"....

Seriously though, the midwife was doing her job, a very important job, and it was an emergency situation. I know that if a member of my family was in any danger or trouble, filming it would certainly be the last thing on my mind. Also, why couldn't he just respect the midwife's decision/request?

mikemac

He paid 13,800 euro to a private hospital.
And there was me thinking that pre & post natal care and delivery was free on the public service, no?

That's a lot of money to spend if there was a perfectly fine alternative available.
Maybe this was a legal case to try to cover this cost and more?

r3nu4l

Nayeli Gigantic Heap wrote: »

While you may have a point, don't you think it might be more respectful to both your child and the hospital to have the cop-on to stop filming your new baby struggling for breath? What if the baby didn't make it? Would he have said to his partner "Ah sure don't worry, I got it on tape anyway"....

No, I do have a point. Unless the man was interfering in the procedure by being too close, or in the way, then the midwife should have just done her job and had no concerns for whether the man was filming, dancing a solo tango or sticking a trumpet up his arse and trying to play waltzing matilda by farting (apart from the hygiene issue of the latter of course ).

Seriously though, the midwife was doing her job, a very important job, and it was an emergency situation. I know that if a member of my family was in any danger or trouble, filming it would certainly be the last thing on my mind. Also, why couldn't he just respect the midwife's decision/request?

Understand me, I think the man is a fricking idiot for his behaviour, it's inexcusable and I certainly wouldn't have done it but it doesn't change the fact that nowhere does the article say that the filming was interfering in the midwife performing her duties, she may simply have been ascribing her own morals to the situation (show some respect man) or covering her arse (I don't want this on film and coming back for micro-scrutiny, if this goes wrong).

My point is that we don't know why she asked him to stop filming, that's not made clear at all. If he was getting in the way he should have been bundled out the door by orderlies or theatre staff. We have no indication that he was in the way (although it's very likely!!).
That's my point. It is "a very important job, and it was an emergency situation" so unless he was in the way, why would she be concerned with his filming? If it was me (it would never be!!) and I wasn't in the way and she told me to turn the camera off, I'd be telling her to get on with her job and stop worrying about the camera!

Sean Quagmire

mumhaabu wrote: »

The fact that his wife is Lithuanian says alot as no Irish woman in her right mind would give this plonker the time of time.

Yea especially as time of time is the best time of all

K-9

The DVD was obviously more important that the delivery of his baby. Eejit.

az2wp0sye65487

r3nu4l wrote: »

My point is that we don't know why she asked him to stop filming, that's not made clear at all. If he was getting in the way he should have been bundled out the door by orderlies or theatre staff. We have no indication that he was in the way (although it's very likely!!).
That's my point. It is "a very important job, and it was an emergency situation" so unless he was in the way, why would she be concerned with his filming? If it was me (it would never be!!) and I wasn't in the way and she told me to turn the camera off, I'd be telling her to get on with her job and stop worrying about the camera!

I would feel very uncomfortable doing my job if someone was standing over my shoulder with a video camera. It would add un-neccessary pressure and could cause me to make a mistake. Now, I don't deal in life-or-death situations, but I'd imagine that there is a LOT more pressure involved when trying to save the life of a new baby. She could have done without the added pressure of yer man with the camera.....

At least we agree that he's a dick!

i71jskz5xu42pb

Terry wrote: »

Doesn't anyone copy and paste any more?

Some people can't access every site as they may be in work or something.
Please (everyone) copy and paste the articles here.

Also, some people just don't want to open another tab or window.

Some people also respect copyright.
Old fashioned, I know.

Oafley Jones

Was listening to him on Kenny this morning. A prime example of the fat, ignorant, 'entitled' arsehole the Celtic Tiger has generated.

biko

Just another fool seeing an opportunity to cash in.

Nodin

Nayeli Gigantic Heap wrote: »

http://www.independent.ie/national-news/courts/midwife-who-helped-baby-breathe-sued-by-film-dad-1651864.html


What an idiot

Opinions please....

Mans a tool, wifes a tool. Anyone who failed to tell the pair of them that this was a fvcking disgusting enterprise is also a tool (except their legal team, who have bread to put on the table and at least have that excuse).

Oafley joners wrote:

Was listening to him on Kenny this morning. A prime example of the fat, ignorant, 'entitled' arsehole the Celtic Tiger has generated.

He must have taken on P. Flynn as a PR advisor.

Gummy Panda

r3nu4l wrote: »

It is "a very important job, and it was an emergency situation" so unless he was in the way, why would she be concerned with his filming? If it was me (it would never be!!) and I wasn't in the way and she told me to turn the camera off, I'd be telling her to get on with her job and stop worrying about the camera!

It didn't say he had that concern in his claim if he did have that concern he needs to learn to sue better.

From the information in the story, he is sueing cause he was inconvienced with his little video project. He felt abused from being asked to stop filming. To be honest i say none of this is actually the case. Probably he was hit by the recession, realised that using a private clinc for the birth was expensive and is trying to get back the money through the claim.

Look at the fit of his suit jacket, he oblivious broke :pac:

beth-lou

The most important people in the delivery room are mother, baby and midwife. The safety of mother and baby come first and if he was in the way with his camera I would have told him to cop the **** on, if he was my husband.

Complete idiot, deserves all the ridicule he gets.

Mr. Incognito

Was listening to him on Kenny this morning. A prime example of the fat, ignorant, 'entitled' arsehole the Celtic Tiger has generated.

THAT would have been interesting- were people ringing in abuse?

What a tool.

Princessa

What a muppet, people like that deserved to be slapped across the face with a wet fish.

Puddleduck

Better question, why the fock would you want someone to video a little person bursting open your bits?

Maybe they watch it later like a horror movie...

Actually does anyone ever watch them again??

Darragh29

Nayeli Gigantic Heap wrote: »

Glad to see I'm not the only one who thought that this was ridiculous!

I have no kids, but I'd imagine that during the birth you'd be more concerned with your child's welfare than being able to film everything?...

Imagine what type of a selfish deluded c*nt you would have to be to do something like this. I keep hoping that eventually news I read in this country will stop surprising me, in terms of how deluded and utterly selfish some people in this country are, but unfortunately for me and the rest of us, every day, just when I think people can't get any more crazy, I read the papers and I'm shocked again.

Jesus1222

r3nu4l wrote: »

Er hang on, while the man was silly the midwife was also a bit of a fool imo. For both the father AND the midwife to be more concerned about the filming than the baby is ridiculous.

We haven't heard that the filming was interrupting the process of clearing the baby's airway. Nowhere does the article say that.

Let's be careful about how we view this. It may very well be that the guy was getting in the way but he may not have been. If I was a medical professional I wouldn't want my actions filmed from a 'don't sue me' perspective. I wouldn't want video evidence of my performance if the baby didn't make it. That's why I would ask for filming to be stopped.

Cop on. There was a life at stake, the midwife does not want to have a camera shoved in her face or have to think about the idiot beside her with the camera while she concentrates on performing a life saving procedure, even if it is a routine one, on a 30 second old baby. He is 110% in the wrong.

Robbo

Puddleduck wrote: »

Better question, why the fock would you want someone to video a little person bursting open your bits?

John Hurt in Alien.

Puddleduck

Robbo wrote: »

John Hurt in Alien.

Why what happened to him?

Splinter

Puddleduck wrote: »

Why what happened to him?

a little person burst open his bits

Zadkiel

Puddleduck wrote: »

Why what happened to him?

Watch Alien its a classic

Oafley Jones

Mr. Incognito wrote: »

THAT would have been interesting- were people ringing in abuse?

What a tool.

The Plank went very easy on him in my opinion. He is reading out a lot of texts on the subject though, all (unsurprisingly) very negative.

Puddleduck

Aw guys. Its not a joke if Ive to explain it.

The Mad Hatter

Nayeli Gigantic Heap wrote: »

http://www.independent.ie/national-news/courts/midwife-who-helped-baby-breathe-sued-by-film-dad-1651864.html


What an idiot

Opinions please....

You've already got one.

mike65

I can only think this couple are the sort who drive car like this and think they're it.

T-K-O

The poor kid - imagine reading that when you grow up.

What a complete and utter idiot.

Turd Ferguson

They should take the child away from those two. It's obvious they are too fucking stupid and mean to have kids.

his workmates, family, friends and public now view this man as scum of society. i know i do.

az2wp0sye65487

The Mad Hatter wrote: »

You've already got one.

Yes I know I already have one, but I wanted to read some other people's opinions if thats OK with you.

Svalbard

r3nu4l wrote: »

No, I do have a point. Unless the man was interfering in the procedure by being too close, or in the way, then the midwife should have just done her job and had no concerns for whether the man was filming, dancing a solo tango or sticking a trumpet up his arse and trying to play waltzing matilda by farting (apart from the hygiene issue of the latter of course ).

Understand me, I think the man is a fricking idiot for his behaviour, it's inexcusable and I certainly wouldn't have done it but it doesn't change the fact that nowhere does the article say that the filming was interfering in the midwife performing her duties, she may simply have been ascribing her own morals to the situation (show some respect man) or covering her arse (I don't want this on film and coming back for micro-scrutiny, if this goes wrong).

My point is that we don't know why she asked him to stop filming, that's not made clear at all. If he was getting in the way he should have been bundled out the door by orderlies or theatre staff. We have no indication that he was in the way (although it's very likely!!).
That's my point. It is "a very important job, and it was an emergency situation" so unless he was in the way, why would she be concerned with his filming? If it was me (it would never be!!) and I wasn't in the way and she told me to turn the camera off, I'd be telling her to get on with her job and stop worrying about the camera!

Ever been in a delivery room trying to help a newborn who is struggling to breathe? No? Didn't think so. Distractions aren't wanted. Why did he want to film his child struggling for breath? You would think he would have bigger concerns.

Was he trying to make a snuff movie maybe?

You can look at this anyway you want but the man is still a bint. He should have had to pay compo to the midwife.

Latchy

What an excuse for a human being. should have being fined for wasting the courts time. GTFA away you Tool . :mad:

T-K-O

When ever they film any medical procedure as soon as they run into complications the cameras are always cut - I would suggest that this is an unwritten rule.

az2wp0sye65487

T-K-O wrote: »

When ever they film any medical procedure as soon as they run into complications the cameras are always cut - I would suggest that this is an unwritten rule.

Really? I didn't know that. Whether it is a written or unwritten rule, it seems like a sensible one.