Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.)
LIABILITY
The care and treatment rendered to Ms. White by Cindy Brown, M.D., and SAC Medical Group, Inc., fell below the standard of care in many respects, and it was that failure that caused the premature birth of Tomas and Owen and their ultimate demise.
Ms. White was at risk for pre-term labor and premature lengthening and dilatation of her cervix for the following reasons:
1. She was pregnant with twins;
2. She recently had undergone a LEEP procedure, i.e., a removal of a portion of her cervix due to abnormal Pap smear/biopsy;
3. She had delivered a child vaginally within the last year prior to this pregnancy.
The standard of care required Dr. Brown to refer Ms.. White to a perinatologist/high risk pregnancy specialist or comply with the standard of care of a perinatologist by assessing Ms.. White’s cervix every two weeks throughout her pregnancy by way of transvaginal ultrasounds.
Secondly, the standard of care required, upon plaintiff’s complaint on March 3rd of cervical pinching or vaginal pain, an immediate vaginal examination to determine whether or not the cervix had dilated and evaluation of the cervix by ultrasound.
Had Dr. Brown complied with the standard of care, early intervention would have occurred. Ms.. White would have been put on bed rest, been advised to stop working and more likely than not would have been able to prolong the pregnancy to 32 plus weeks. The twin baby boys died from the effects of premature labor and would have survived had Dr. Brown complied with the standard of care.
At the time Dr. Brown rendered her prenatal care to the plaintiff, Ms.. White, she had taken care of less than five (5) twin pregnancies in her career. Additionally, she had failed to pass her boards on at least one occasion.
Dr. Brown failed to comply with the standard of care to render simply normal obstetrical care. She also failed to comply with ACOG guidelines relating to pre-term labor.
All the plaintiffs are really asking is that Dr. Brown be held to the same standards that she held her own self during her recent twin pregnancy, where she was put to bed rest and remained unable to cooperate with written discovery or the deposition process until after delivery. Copies of letters from her attorneys and her OB/GYN are attached as Exhibits A and B respectively.
DAMAGES
Plaintiffs, Sean and Joan White, seek damages for the wrongful death of their twin boys, and they are certainly entitled to the maximum amount of $250,000.00 for each child, as permitted by MICRA.
Plaintiffs have also sustained economic damages in the amount of $1,988.35 for funeral and burial expenses.
Plaintiff, William White, previously served a C.C.P. §998 Offer to Compromise on Dr. Brown the amount of $239,999.99. This §998 offer expired on October 20, 2006, by operation of law.
Plaintiff, Joan White, previously served a C.C.P. §998 Offer to Compromise on Dr. Brown in the amount of $239,999.99. This §998 offer expired on October 20, 2006, by operation of law.
Plaintiffs now demand $501,988.35 in full and final settlement of this action.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.