The following blog is provided as an example of a Kaiser medical malpractice lawsuit to aid potential clients in how a lawsuit is examined and conduced. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
At 22 hours of life, the infant was weighed and found to have lost 7.8 percent of his birth weight. This loss is considered significantly greater than normal. Kaiser had a policy and procedure in place such that, if there was a weight loss of 7 percent, supplemental feedings should be given under a variety of circumstances, including the baby being lethargic and not nursing vigorously enough to empty the breast. The records indicated that, on August 11, 2005 at 6:00 a.m., Plaintiff reported that the infant did not want to breast-feed. The infant was supplemented with formula at 1:00 a.m. and 4:30 a.m. on August 11, 2005.
Several notations were made on the nursing flow sheet for August 11, 2005, reflecting time spent by the infant at his mother’s breasts. The records indicated satisfactory initiation of breast-feeding on a number of occasions. However, Plaintiff specifically recalled that the infant was not breast-feeding effectively at any time from birth through and including the morning of August 12, 2005. Her breasts became blistered and painful from the unsuccessful feeding attempts.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
At 43 hours of life, the infant’s weight was found to have dropped 10.4 percent since birth. The Kaiser policy and procedure when weight loss is at or greater than 10 percent required giving 20-30 ml of formula and/or expressed breast milk after every other breast-feeding, at least every 4-6 hours, or as ordered by the health care provider, and that the mother be started on an electric breast pump. The nurse who was taking care of the infant on that shift recorded the 10.4 percent weight loss, noted that 15 ml of formula was given at 1:20 a.m. Nurse further noted that the infant was not able to breast-feed at that time. During the remainder of Nurse’s shift, until 7:30 a.m., the infant had no further food intake of any kind. Plaintiff Martinez was not started on the electric breast pump during that time.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.