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Jury Awards Parents $1.6 Million For Loss Of Her Child As A Result Of ER Doctor's Error

Jury Awards Parents $1.6 Million For Loss Of Her Child As A Result Of ER Doctor's Error

Jury Awards Parents $1.6 Million For Loss Of Her Child As A Result Of ER Doctor's Error


Usually, there are 2 things people want from their doctors. This is even more the case during those times when the patient is placing the health of her unborn baby under the care of the physician. To begin with, the physician ought to listen to the patient's intuition. During the pregnancy the woman learns to tell what is normal in her pregnancy and what is not. Disregarding complaints and her sense that something is wrong, without definitive explanation to the contrary, can result in tragedy.

Further, the physician ought to recognize and react to symptoms consistent with a considerable problem. This is what their education, training and experience is supposed to give them the ability to do. Naturally parents want that their child will be born healthy. It can feel like a horrible betrayal of the have faith in they put in the doctor that he or she has the training and experience to recognize when a problem arises in the pregnancy particularly in case it is a complication that threatens the health of the unborn child.

Then there is the reality of just how badly things can go wrong. Consider a situation in which a woman in the seventh month of her pregnancy, was admitted at the hospital by her physician with complaints of back pain, abdominal pain, and persistent vaginal bleeding. The doctor concluded that she was not in labor and that the tracings from the fetal heart rate monitor were reassuring and showed no signs of fetal distress. Despite the fact that the expectant mother kept bleeding and continued telling the physician that she continued to feel pain in her abdomen, the physician discharged her without any further testing to learn the reason for the bleeding.Jury Awards Parents $1.6 Million For Loss Of Her Child As A Result Of ER Doctor's Error


Later that same afternoon, after the abdominal pain and vaginal bleeding got worse, she consulted her doctor. At that point, the doctor had her transported to the hospital for delivery of her child. She had substantial hemorrhaging on the way to the hospital. When she arrived at the hospital they immediately prepared her for an emergency C-section unfortunately the baby was stillborn before they were able to perform the C-section. The woman required transfusions due to the heavy loss of blood. The reason for the pain and vaginal bleeding was established to be a placental abruption. The law firm that represented the mother documented that it went to trial and was able to obtain a jury award in excess of $1.6 million on behalf of the parents.

In this case, the woman could sense that what was happening to her was not normal. She knew that something had changed in her pregnancy. Her intuition told her something was wrong and that is why she took herself to the hospital to see her doctor. Still the physician dismissed the very issues she went in for. Rather, the physician focused on two other factors - whether she was in labor and whether there was an abnormality in the fetal heart rate. The physician took a negative finding to these two as sufficient to decide that there was nothing wrong.

Obviously, an abnormal heart rate could have been an indication that she was experiencing a dangerous complication requiring proper follow up immediately. Then again so was the fact that she hd constant pain and bleeding. Yet they were completely disregarded - in effect, the physician also dismissed the patient's intuition.

The physician additionally seemingly never actually regarded a placental abruption in the differential diagnosis for the pain even though jointly they form a classic presentation of a placental abruption. This is not how physicians would generally say is the right way to assess a patient's condition. 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.

Incidents like this take place in hospitals and doctor's offices all too regularly. In the event that the health of an unborn baby is concerned the consequences of such digressions from what the patient wants from the doctor can lead to the loss of the baby's life. Moreover the doctor's actions may be more than merely a deviation from the patient's wishes, they may also be a deviation from the standard of care the physician is supposed to offer. If that happens the family may have a medical malpractice/wrongful death claim against the physician.
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Jury Awards Parents $1.6 Million For Loss Of Her Child As A Result Of ER Doctor's Error New York City