Jury Awards Family $5,000,000 After Doctor Kills Their Child In Childbirth
By: J. Hernandez
Submitted: 2010-11-23 22:48:35 | Word Count: 610
It is a known fact that a number of babies will either sustain a significant injury or perhaps not survive. Even though a number of of these situations are not avoidable even with the finest health carecurrently available , it is important for parents to know that there are times when the injury or death of their baby was in fact preventable. When such a situation occurs, an experienced and skilled medical malpractice attorney may be able to assist your family. This post considers what occurred in one lawsuit where a baby died and the parentspursued a case.
Not every state permits parents to successfully pursue a claim for medical malpractice or wrongful death following the stillbirth of their baby. In certain states the mother alone has standing to file a claim. The father has no remedy. Some states permit only some mothers to succeed in a claim for the emotional harm she suffered due to the death of her baby. To be eligible she needed to have suffered her own physical injury from the same act of medical negligence that led to the stillbirth.
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Think about the published story a pair 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 get pregnant even before they were married. Once they learned that they were pregnant the couple was elated 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 excited with the news. The couple picked out a name for their baby. They decorated and equipped a room in their home for the baby. Next they had a baby shower and invited friends and family.
The mother did everything possible to ensure that the baby is safe and healthy during the pregnancy. She solely ate and drank what was healthy for her child. The mother took her pre-natal vitamins. She did not miss any prenatal visit. She followed all her physician's orders and recommendations. Throughout the pregnancy testing confirmed a normally developing baby.
The woman got to the hospital when she reached full term and the time came to deliver the baby. Upon admission she was taken to the delivery room for a natural delivery. As time went on 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 instead do a C-section to deliver the child.
Rather than empathizing with her situation and performing the C-section as she asked, the physician instead began a litany of ridiculing remarks. The physician not only said that the mother was not trying as hard as she could but even referred to her as lazy and as a coward who only wanted to run away from the normal pain of birthing a child. The physician said right to her that she would never be a good mother. Further testimony indicated that, as all this was happening, the physician's attention was not on the mother or her unborn baby, but on a nurse who was in the room and with whom the physician 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
