Family Recovers Multi-Million Dollar Jury Award For Loss Of Their Baby
By: J. Hernandez
Submitted: 2010-10-26 16:56:20 | Word Count: 605
It is a known fact that a certain percentage of newborns will either endure a considerable injury or in some instances not survive. While many of these circumstances are not avoidable despite the best health careavailable today , it is important for parents to know that there are times when the injury or death of their infant was in fact preventable. When such a situation takes place, an experienced and skilled medical malpractice attorney might be able to assist your family. This article explores what took place in one case where a baby died and the parentspursued a lawsuit.
Not every state allows parents to successfully pursue a case for medical malpractice or wrongful death following the stillbirth of their baby. In some states just the mother can file a lawsuit. The father has no remedy. A number of states have a cause of action only for certain mothers for the emotional harm she experienced from the death of her child. To be eligible she had to have endured a physical injury from the same act of medical negligence that led to the stillbirth.
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In one reported case a man and a woman finally find each other, fall in love, and decide to marry and raise a family with each other. They want a baby so much that they start trying to get pregnant before to the wedding. They do marry and they are delighted to receive the news that she is pregnant. Their desire for having a family appears to be happening. They find out 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 begin planning for his arrival. They paint, decorate, and equip the baby's room in the home.
The expectant mother took it as her responsibility to follow all the advice given to her by her doctor. She only ate and drank things that would provide healthy nutrients for her unborn child. She took prenatal vitamins. She attended all prenatal visits. She was tested during the pregnancy and was told that her baby was developing normally. She did everything she could and was reassured that her child was healthy.
The woman reported to the hospital once she reached full term and the time came to deliver the baby. After her admission she was taken to the delivery room for a natural delivery. As time went on she became aware that she was unable to get the baby past the birth canal. At this point she asked that her physician stop any more attempts at a natural childbirth and rather perform a C-section to deliver the child.
Instead of paying attention to her concerns and doing as the patient requested, the doctor began a tirade of ridicule aimed at her. The physician proceeded to call the woman 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. According to testimony, as if that were not enough, the doctor was not even paying adequate 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 complex injury cases. You can learn more about stillbirth and other birth injury cases such as group b strep and erb's palsy by visiting the websites
