Jury Awards Mother More Than $1 Million In Lawsuit Alleging Doctor Responsible For Stillbirth Of Bab

Published: 19th December 2010
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Generally, there are 2 things people count on from their physicians. This is most likely never more true than when the patient is an expectant mother who is entrusting the doctor with the wellbeing of her baby. To begin with, it is essential for the doctor to consider the woman's intuition. During the pregnancy the woman learns to tell something is not right Ignoring complaints and her sense that something is wrong, without conclusive evidence to the contrary, may result in tragedy.

Second, the doctor should appreciate and follow up on evidence suggestive of a major complication. This is what their education, training and experience is supposed to give them the ability to do. It is a normal parental instinct to want, to trust, that nothing bad happens to thier baby and he or she is born healthy. It can seem like a terrible betrayal of the trust placed on the physician that he or she has the training and experience to tell the difference between a normally progressing pregnancy especially if it is a complication that jeopardizes the health of the unborn child.

In the real world, however, there is always the possibility that the pregnancy can take a very bad turn. In one reported matter, a pregnant woman reported to the hospital after having pain in her back and abdomen together with ongoing bleeding. This was the seventh month of her pregnancy. After examining her and looking at the readings from the fetal heart rate monitor, the doctor thought that the baby was doing fine and there was no need for any further action. The physician discharged her even thought she continued to complain of abdominal pain and continued to have vaginal bleeding.

Later that same afternoon, when the abdominal pain and vaginal bleeding got worse, she visited her physician. At that point, the physician sent her to the hospital for delivery of her child. The woman experienced massive hemorrhaging while being transported to the hospital. When she arrived at the hospital they were going to perform an emergency C-section but the baby was stillborn before they were able to perform the C-section. The mother required transfusions for blood loss. The cause of the pain and vaginal bleeding was determined to be a placental abruption. The law firm that handled this lawsuit documented that it went to trial and was able to obtain a jury award for $1.65 million on behalf of the parents.

Undoubtedly, an abnormal heart rate would have been a sign of a considerable complication in need of appropriate action without delay. But so were the woman’s complaints of pain and bleeding. And they were altogether disregarded - in effect, the doctor also disregarded the woman's intuition.

The physician additionally evidently never even considered a placental abruption in the differential diagnosis for the pain despite the fact that together they form a classic presentation of a placental abruption. This is not how physicians would generally suggest is the right way to assess a patient’s situation. It was only when the situation deteriorated a few hours afterward that the doctor told her to return to the hospital for an emergency C-section.

Scenarios like this take place in hospitals and physician's offices all too frequently. In the event that the health of an unborn child is involved the consequences of such digressions from what the patient expects of the doctor can bring about the death of the child. And the doctor's actions may not just be a deviation from the patient’s wishes, they may also be a departure from the standard of care the physician should offer. When that happens the family might have a medical malpractice/wrongful death claim against the doctor.

You can learn more about placental abruption and other types of birth injuries including group b strep matters by visiting the websites

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