The following blog entry is written to illustrate an example of a birth injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)
CASE INFORMATION
FACTS/CONTENTIONS
According to court records: Plaintiffs, husband and wife, became pregnant with twins through in-vitro fertilization in approximately June 2004 after attempting for five years to get pregnant. Plaintiff had previously suffered an ectopic pregnancy resulting in the loss of one fallopian tube.
Plaintiff presented with numerous high risk factors, including advanced maternal age (38 years), a negative Rh factor, a clotting disorder, and a multiple pregnancy resulting from IVF therapy when she sought medical care from defendant Brady, M.D. and her medical corporation Brady, M.D. Inc. through her medical practice located in Roseville, California in August 2004. Before seeing defendant Brady, plaintiff had been pregnant with triplets. She lost one of the babies before consulting with defendant Brady.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
According to plaintiffs, the initial care provided by defendant Brady was rocky. Defendant Brady did not examine plaintiff until her second pre-natal visit and was unable to respond to her questions because she had not reviewed her prior medical records. Plaintiff asked for a perinatologist consult and for a prophylactic cerclage to counter the possibility of pre-term delivery. Plaintiff also requested sonograms so that she could see her babies. Defendant Brady assuaged plaintiff’s fears when she assured her that she could handle her care and that she would do so personally. Defendant Brady represented that the pregnancy was proceeding normally.
A month later on September 28, 2004, plaintiff obtained an ultrasound and was told to go immediately to the hospital without explanation. Defendant Brady did not meet her at the hospital and did not respond to phone calls. Plaintiffs said defendant Brady did not inform plaintiff that she was 60 percent effaced at that point and was in danger of pre-term delivery. When plaintiff finally saw the doctor late that night after waiting hours for her to arrive, plaintiff was told she needed a cerclage. Two days later, defendant Brady performed the operation. During the surgery, the cervical tissue was too thin in one quadrant and tore. Defendant Brady admitted that the tear occurred, that this had never happened to her before, and that she did not repair the tear before completing the surgery.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.