Jury Compensates Family $5.0 Million After Doctor Kills Their Child In Delivery
By: J. Hernandez
Submitted: 2010-10-24 23:19:40 | Word Count: 622
It is an acknowledged reality that a number of newborns will either endure a considerable injury or even not survive. Even though a number of of these cases are not avoidable despite the best health carecurrently available , parents ought to recognize that sometimes the injury or death of their child was indeed preventable. In the event that such a situation occurs, an experienced and skilled medical malpractice lawyer may be able to help. This post considers what occurred in one lawsuit where a baby died and the parentsfiled a claim.
There are few events more devastating to a parent than to lose their baby at birth. Yet, whether parents may actually succeed in a lawsuit for medical malpractice or wrongful death for the death of their child depends on the state where the stillbirth occurred. If the stillbirth happens in specific states the parents have no recourse. In other states there is a recourse yet only the mother can file a claim while the father is excluded. In yet other states only those mothers who endure a physical injury from the same act of medical negligence that led to the stillbirth can successfully bring a case for the emotional harm she experienced from the death of her baby.
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In one reported case a man and a woman at last find each other, fall in love, and decide to marry and raise a family together. Their biggest hope is to have a child and so they begin trying to get pregnant before to the wedding. They do marry and they receive the long-for hoped news that the woman is expecting a baby. Their wish for having a family seems to be taking shape. They learn that the baby 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 wife did everything possible to keep the baby safe and healthy throughout the pregnancy. She exclusively ate and drank what was healthy for her child. She took her pre-natal vitamins. The mother did not miss any prenatal visit. She did whatever her physician orders and recommendations. Throughout the pregnancy testing showed a normally developing child.
The woman reported to the hospital once she reached full term and it was time deliver the baby. After her admission she was taken to the delivery room for a natural delivery. As time progressed she realized that she could not get the baby past the birth canal. At this time she asked that her physician discontinue any more attempts at a natural childbirth and rather do a C-section to deliver the baby.
Instead of listening to her concerns and doing as the patient requested, the doctor went into a tirade of ridicule aimed at her. The doctor continued by calling the patient lazy and a coward trying to avoid the pain of delivery. The physician told her she was not trying hard enough. The doctor even told her that she would never be a good mother. As per testimony, as if that were not enough, the doctor was not even paying proper attention to the mother as his attention was taken up flirting with a nurse in the delivery room.
Author Resource:-
Joseph Hernandez is an Attorney accepting birth injury cases. You can learn more about stillbirth and other birth injury cases such as group b streptococcus and erb's palsy by visiting the websites
