The following blog entry is written to illustrate an example of a medical malpractice 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. 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 Kaiser Permanente, UCSF Medical Center, San Francisco General, California Pacific Medical Center, or St. Francis Memorial Hospital.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
INJURIES: The baby was born with severe neurological abnormalities, including an absent gag reflex with repeated aspiration, microgastria and severe reflux, partial aplasia of one leg, oral aversion, episodic apnea to the point of loss of consciousness, periodic repeated vomiting spells which required permanent tracheostomy, round-the-clock oxygen therapy and feeding only by gastrostomy or jejunostomy tubes. The infant requires round-the-clock care.
Facts:
In spring 2007, the plaintiff, a 33-year-old woman who planned on having children, presented to an obstetrician. The plaintiff was found to lack immunity to chickenpox, though she was not vaccinated against it. Roughly three months later, she became pregnant. Thirteen weeks into her pregnancy, she was visited by her mother who had active shingles, the same virus as chickenpox. The plaintiff was sent immediately by her internist to a second obstetrician for treatment with anti-chickenpox immune globulin (VZIG). The second obstetrician did not administer the treatment. About three weeks later, the plaintiff broke out in classic chickenpox and recovered fully with antibiotics. She then followed up with a perinatologist to determine if the fetus had contracted congenital chickenpox.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The perinatologist offered, but did not recommend amniocentesis. At 19 and 24 weeks, the perinatologist interpreted the ultrasounds as showing isolated clubfeet with no other abnormality. The plaintiff was then sent to a genetics counselor, who informed that the chances of a chromosomal abnormality in the fetus were 1 in 244 and offered amniocentesis, which the plaintiff allegedly declined on the advice of the perinatologist.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.