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.)
Plaintiff remained in the hospital for two days but said she was never told that her cervix tore or that defendant Brady had encountered complications with the procedure. Defendant Brady also failed to monitor the cerclage after the procedure through ultrasound. Plaintiff was sent home with limited instructions for bed rest. Despite knowing that she had encountered complications with the procedure, the doctor assured plaintiffs and plaintiff’s mother, that the operation had been a complete success and that there was “no way” that the cerclage would come undone. After returning home, plaintiff complied with her doctor’s orders and stayed off her feet as much as possible. Two weeks later, she experienced a loss of fluid and sought an emergency appointment with her doctor, who was again unavailable for several days. After plaintiff, her husband, and her mother all called defendant Brady’s office without success in reaching the doctor, plaintiff finally spoke to an after-hours on-call physician, who advised her she could wait to see her doctor until the next morning. The next day, October 18, 2004, defendant Brady was gone to a conference, so plaintiff was seen by defendant Brady’s nurse practitioner, who observed that she was now up to 4 cm dilated with the membranes of the lower twin presenting through the cervix. Colleen was rushed to the hospital by fire department paramedics.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Plaintiff claimed that, although defendant Brady admitted she was only a few miles away from the hospital at a conference, she was never informed about plaintiff’s telephone calls the night before and did not learn about the emergency until plaintiff was already on her way to the hospital in an ambulance. Defendant Brady was noticeably absent from the hospital when plaintiff was admitted at 10 a.m. and provided only fleeting care to plaintiff. Hospital records indicated that defendant Brady gave instructions to nursing staff at about 1 p.m., but she did not see her patient until very late that evening.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.