Family Compensated $5,000,000 Jury Award For Loss Of Their Child
By: J. Hernandez
Submitted: 2010-07-11 15:41:02 | Word Count: 640
It is an acknowledged fact that a certain percentage of babies will either endure a considerable injury or even not survive. Even though many of these situations are not preventable even with the finest medical carecurrently available , it is important for parents to recognize that sometimes the injury or death of their child could have been prevented. When such a situation occurs, an experienced and skilled medical malpractice lawyer might be able to assist your family. This note explores what happened in one case where a baby died and the parentspursued a case.
There are few events more devastating to a parent than to lose their baby at birth. However, whether parents can even win in a lawsuit for medical malpractice or wrongful death for the loss of their child varies and is based on the state where the stillbirth happened. In the event that the stillbirth happens in particular states the parents have no recourse. In different states there is a recourse but only the mother can bring a lawsuit while the father is excluded. In still other states only those mothers who endure a physical injury from the same act of medical negligence that resulted in the stillbirth can successfully bring a case for the emotional harm she experienced because of the death of her baby.
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In one reported instance a man and a woman at last find one another, fall in love, and decide to marry and raise a family with each other. Their biggest desire is to have a child and so they start trying to conceive prior to the wedding. They do marry and they get the long-for hoped news that the woman is pregnant. Their wish for having a family appears to be becoming a reality. They learn that the child is a boy. A baby shower is thrown and family and friends get invited. The couple picks out a name for their son. They start making sure everything is set for his arrival. They paint, decorate, and equip the baby's room in the home.
The woman took it as her obligation to follow all the advice given to her by her doctor. She only ate and drank things that would supply healthy nutrients for her unborn child. She took prenatal vitamins. She attended all prenatal visits. She was tested along the way and was told that her child was following a normal course of development. She did everything possible and was reassured that her child was healthy.
At full-term the pregnant woman was admitted to the hospital for labor and delivery. However, the expectant mother was unable to push hert baby past the birth canal. Due to the difficulty she was having she asked the physician to perform a C-section in order to deliver the baby.
Rather than empathizing with her situation and performing the C-section as the patient requested, the physician instead began a litany of ridiculing comments. The doctor not only said that she was not trying as hard as she could but even referred to her as lazy and as a coward who only desired to run away from the normal pain of birthing a child. The doctor said right to her that she would never be a good mother. Other testimony indicated that, as all this was occurring, the doctor's attention was not on the patient or her unborn baby, but on a nurse present in the room and with whom the doctor was flirting.
Author Resource:-
Joseph Hernandez is an Attorney accepting medical malpractice cases. You can learn more about stillbirth and other birth injury cases such as group b strep and erbs palsy by visiting the websites
