Physician's Improper Application Of Vacuum Extractor Resulted In Baby's Death
Physician's Improper Application Of Vacuum Extractor Resulted In Baby's Death
Not every state permits parents to pursue a case for medical malpractice or wrongful death after the stillbirth of their child. In some states just the mother is permitted to file a claim. The father has no standing to file a claim. Some states permit only some mothers to succeed in a claim for the emotional harm she experienced due to the death of her newborn. To qualify she needed to have suffered her own physical injury from the identical act of medical negligence that led to the death of her child.
Think about the published story a couple who married in their forties and who, more than anything else, desired to have a baby. They wanted to have a child so much that they began trying to conceive even before they were married. When they learned that they were pregnant the pair was thrilled with the news that they were going to be having their first child. Later they were told that they were having a son and they were overjoyed with the news. The couple picked out a name for their baby. They decorated and equipped a room in their home for the child. Next they threw a baby shower and invited friends and family.
The mother did everything possible to keep the baby safe and healthy throughout the pregnancy. She solely ate and drank what was healthy for her child. The mother took her pre-natal vitamins. She went to every prenatal visit. She followed all her physician's orders and suggestions. Testing done along the way confirmed a normally developing baby.
At full-term the pregnant woman was admitted to the hospital for labor and delivery. However, the woman was unable to push the baby past the birth canal. Given the trouble she was experiencing she asked the physician to perform a C-section in order to deliver the child.
Testimony about what transpired indicated that the physician was focused more on flirting with a nurse in the delivery room than on looking after the mother and her unborn child. When the mother asked for the C-section the physician, rather than helping her through the situation, started referring to her a coward and lazy. The doctor said she was just trying to avoid the pain of childbirth. The physician said she was not trying hard enough. The doctor even said she would never be a good mother.