Jury Awards $4.5 Million To Woman For Demise Of Child While Following Care By Paramedics
Paramedics, who are usually the first on the scene of a medical emergency must provide treatment that meets the applicable standard of care
. Their ability to determine symptoms, to make fast and accurate choices whether to notify a doctor for help, whether to give drugs or treat the person at the scene, and whether to take the patient directly to a hospital, can actually make the difference between life and death. This article looks at a case involving an expectant mother who called in from her house with complications from her pregnancy. When the paramedics responded the pregnant woman was already in shock from abrupt blood loss resulting from by a placental abruption. The paramedics failed to figure out the urgency of the circumstance and took about eighteen minutes prior to transporting her to the hospital.The full delay in the time it took the paramedics prior to making the decision to take the pregnant woman to the hospital where the newborn was delivered was 18 minutes or more. In this time the baby's oxygen supply was substantially restricted due to the loss of blood from the placental abruption.. The child died the day after being born. The mother had to undergo an additional surgery to stop the intense bleeding and she experienced temporary kidney failure caused by the loss of blood. The mother retained a law firm to initiate a lawsuit for malpractice resulting in the death of her baby.
Each State has its own specific laws regarding medical malpractice and wrongful death cases. Certain States have laws that allow only the mother to pursue a lawsuit for the loss of newborn as a consequence malpractice. In the State where this matter came about, for example, in order to be able to recover for the emotional damage endured by the mother from the loss of her infant the law firm that represented her had to establish that the mother (1) experienced a physical injury that came about from the same negligence that caused the demise of the baby and (2) that such physical injury to the mother would not have typically occurred in a normal childbirth.
Six months after the loss of her baby, began suffering from grave depression which, although she followed a regimen of therapy and prescribed drugs, lasted through the time of the law firm's account of the case and will require the ongoing use of medication. The mother met every condition.|All 3 requisites were fulfilled in this case.|Given the injuries the woman herself sustained from the delay by the paramedics, she was able to go forward with a lawsuit.
The mother was successful. The law firm that represented the mother was able to report that at the end of the trial the jury returned a verdict in her favor and awarded her $4,500,000. Paramedics are health care providers. Paramedics are trained and they are licensed. Paramedics are expected to be able to diagnosed signs of emergency health issues and to take appropriate and timely action. If they do not and their actions fall short of the applicable standard of care, they may be liable.
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