subject: Parents Awarded $2.5 Million Each After Doctor Crushes Baby's Head With Vacuum Extractor [print this page] Not every state recognizes a cause of action for medical malpractice or wrongful death resulting from the stillbirth of a baby. In some states the father has no standing to file a claim, only the mother can file a claim. Even then, in certain of these states only those mothers who suffer a physical injury from the same act of medical negligence that resulted in the stillbirth can successfully bring a claim for the emotional harm she experienced from the death of her baby.
Consider the reported case involving a couple who married in their 40s and who, more than anything else, wanted to have a child. Because of their age, they commence trying to conceive a child prior the marriage ceremony. They marry and receive the news that the wife is pregnant. Later they are told they were having a son. They are overjoyed with the news. They choose a name for their baby. They prepare a nursery for the baby in their house. They throw a baby shower inviting family and friends.
Throughout the pregnancy the wife is meticulous about doing everything possible to ensure the welfare of their unborn baby. She only eats and drinks what is healthy for her baby. She takes her pre-natal vitamins. She attends all prenatal visits. She is tested along the way and is told that her baby is developing normally. She does everything she is told and is reassured that her baby was healthy.
As the mother reached full term she was scheduled for a vaginal delivery. When the time came, she was admitted to the hospital. Unfortunately, during labor, she was not able to push hert baby past the birth canal. After trying she realized that she was not going to be able to get the baby past the birth canal. At this point she asked that her physician stop trying for a natural childbirth and perform a C-section to deliver the baby.
Instead of paying attention to her intuition and doing as the patient requested, the physician started a tirade ridiculing her. The physician told her that she was not trying as hard as she could and called her lazy and a coward, telling her she only wanted to run away from the normal pain of birthing a child. The physician went so far as to say she would never be a good mother. As though that were not enough, additional testimony at trial indicated that the doctor was not even paying adequate attention to the expectant mother and that his attention was instead focused on flirting with a nurse in the delivery room.
The physician then chose to use a vacuum extractor to complete the vaginal delivery. While using the vacuum extractor the physician| crushed the baby's skull. The joy the parents had in anticipation of welcoming their child into their family turned to pain and anguish. Their pain was compounded even further by the fact that they would now never be able to have a child of their own.
The couple filed a lawsuit. During the trial of the case, the law firm that represented the parents introduced evidence that the baby died because the physician did not use the vacuum extractor properly. The law firm reported that the jury came back with an award of $5 Million for the parents.
The verdict was appealed by the defense. On appeal, the Appeals Court upheld the verdict and held that, under their state law, the parents could both recover for emotional anguish due to the loss of her child without the mother having suffered a physical injury. The $2.5 million awards to each of the father and mother were not excessive, in particular given that the baby was killed only moments before birth. The jury award of $2.5 million for mother and father each was thus fully upheld.
by: Joseph Hernandez
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