Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
At 10:20 am, Dr. U. was informed by L&D personnel (while operating on the breech patient) that the FHR on Ms. Cruz had fallen further. As a result, Dr. U. called for a crash Cesarean section on Ms. Cruz. Dr. U. gave no instructions as to who would deliver Ms. Cruz or how. If there was no one to deliver Ms. Cruz sooner than he, Dr. U. expected that he would leave the breech patient to her assistant surgeon, Dr. V., toward the end of surgery in order to attend to Ms. Cruz.
At 10:25 am, OB/GYN’s, Ralph Z., MD and Erica C., MD, had completed the scheduled hysterectomy in OR #1. However, no one informed them that there was another patient, Ms. Cruz, awaiting an emergency c-section, and thus they left the hospital at that time. The anesthesiologist from the hysterectomy, Stuart X., MD, became available at 10:30 am, and he remained in the hospital. At 10:30 a.m., surgery for the breech case began in OR #2.. At 10:32 a.m., Dr. X. was noted to be at the bedside with Ms. Cruz. For the next 35 minutes, until 11:05 am, Dr. X. and Dr. W. waited until Ms. Cruz arrived in OR #3 and Dr. U. became available for the surgery. They had been given no specific instructions by the nurses or hospital supervisor. It was not until close to 11:05 am that Dr. U. emerged from the surgery with the breech patient and attended to Ms. Cruz again. At 10:40 a.m., the breech case delivered without complication. Also at 10:30 a.m., no more could be heard of the fetal heart rate on Ms. Cruz’s baby.The breech patient’s OB/GYN, Maria D., MD, was never informed that Dr. U. had an emergency case of his own and, even after the crash Cesarean for Ms. Cruz was called by Dr. U., Dr. D. was not contacted again to assist in any way. Dr. Z. and Dr. C. were never asked by anyone to operate on Ms. Cruz, or assist in any way. The OB/GYN physician scheduled by the hospital to be on-call in the ER for emergencies that morning, was never contacted.
The pre-operative diagnosis on Ms. Curz was placental abruption. Anesthesia began on Ms. Cruz at 11:08 am. Her surgery began at 11:10 am and Martha was delivered at 11:15 am. At delivery, placental abruption was found to be the cause of Martha’s decompensation in-utero. She was born with exceedingly low Apgar scores and a blood gas that was not compatible with life. She was transferred to The Medical Center and today is treated by physicians there in Roseville. Her condition is medically stable. She is g-tube dependent and has been offered a tracheostomy. She lives at home with her mother, father and siblings.
Martha brought a cause of action for negligence against Dr. U., Dr. X., and Regional Medical Center for general and special damages, including both lost future earnings and future medical care costs. Past medical care costs include a Medi-Cal lien in the amount of $234,070. Dr. U. recently settled out the claims against him for his $1-million insurance policy limits. (See Part 3 of 11.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.