Jury Finds Doctor Responsible For Loss Of Child To Pay Parents Over $1.6 Million
People have specific things that they want from their medical practitioners
. This is almost certainly never more true than when the patient is a pregnant woman who is entrusting the physician with caring for her unborn child. First, it is critical for the physician to pay attention to the mother's own intuition. Not considering complaints and her sense that something is wrong, without conclusive evidence to the opposite, may bring about tragedy.Next, the doctor ought to consider and follow up on symptoms suspicious for a serious problem. This is what their education, training and experience is supposed to give them the ability to do. It is a normal parental impulse to want, to hope, that nothing bad happens to thier baby and he or she is born healthy. It may seem like a horrible betrayal of the have faith in placed on the physician that he or she will be able to tell the difference between a normally progressing pregnancy particularly if it is a complication that jeopardizes the life of the unborn child.
In the real world, though, there is always the possibility that the pregnancy can take a very bad turn. Take into account a situation in which a woman in the seventh month of her pregnancy, was admitted at the hospital by her doctor with complaints of back pain, abdominal pain, and persistent vaginal bleeding. After examining her and looking at the readings from the fetal heart rate monitor, the doctor decided that the baby was doing well and nothing more had to be done. The doctor discharged the woman 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 increased, she consulted her physician. On examinig the expectant mother, the physician sent her to the hospital for the birth of her baby. She had significant hemorrhaging on the way to the hospital. When she arrived at the hospital they immediately prepared her for an emergency C-section however the baby was stillborn before they were able to perform the C-section. The mother needed 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 claim documented that it went to trial and was able to obtain a jury award in the amount of $1,651,166 on behalf of the parents.
Certainly, an abnormal heart rate would have been an indication that she was having a dangerous complication requiring proper action right away. But so was the fact that she hd constant pain and bleeding. Yet they were totally disregarded - basically, the doctor also dismissed her intuition.
The doctor also evidently never even regarded a placental abruption in the differential diagnosis for the pain even though together they form a classic presentation of a placental abruption. This is not how physicians would typically say is the appropriate way to evaluate a patients 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 arise in hospitals and physician's offices all too often. If the health of an unborn child is involved the effects of such digressions from what the patient wants from the doctor may end up in the death of the child. And the doctor's actions may be more than merely a departure from the patients wishes, they may also be a departure from the standard of care the doctor should offer. If that is the case the family might have a medical malpractice/wrongful death claim against the physician.
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