Jury Awards Family $5.0 Million After Physician Kills Their Baby In Childbirth

 By: J. Hernandez
It is a known actuality that a certain percentage of babies will either endure a significant injury or perhaps not survive. Even though many of these situations are not avoidable despite the finest medical careavailable today , parents should know that sometimes the injury or death of their infant could have been avoided. When such a situation happens, an experienced and skilled medical malpractice lawyer may be able to help. This note examnies what occurred in one lawsuit where a baby died and the parentsfiled a lawsuit.

The loss of a baby is a traumatic event for parents. However, whether parents can actually win in a case for medical malpractice or wrongful death for the loss of their child depends on the state where the stillbirth occurred. If the stillbirth occurs in particular states the parents have no recourse. In different states there is a recourse but only the mother can bring a lawsuit while the father is excluded. In still other states just those mothers who endure a physical injury from the same act of medical negligence that led to the stillbirth can successfully bring a lawsuit for the emotional harm she experienced because of the death of her baby.

Picture a female who marries in her forties. The pair then agree to start a family. Because of their age, the couple starts trying to conceive a baby even before the marriage ceremony. After they are married they discover that the woman is expecting and that they will have a child together. They then learn that their baby will be a boy. They get so excited by the news that they select the child's name and they set up a nursery for the baby in their home. For the baby shower friends and family are invited.

Throughout the pregnancy the woman was careful to do everything she could to protect the welfare of their unborn baby. The expectant mother made sure that she did not eat or drink anything that would be unhealthy for the baby, she took her pre-natal vitamins, she went to all her prenatal appointments, and she complied with all the recommendations and instructions from her doctor. Prenatal testing showed that the child was developing normally.

At full-term the expectant mother was admitted to the hospital for labor and delivery. However, the baby became stuck while down down the birth canal. Because of the trouble she was having she requested that the doctor perform a C-section so as to deliver the baby.

Testimony of what happened in the delivery room indicated that the doctor was focused more on flirting with a nurse in the delivery room than on looking after the mother and her unborn child. When the mother asked for the C-section the physician, rather than helping her through the situation, started calling her a coward and lazy. The doctor said she was just trying to avoid the pain of childbirth. The doctor said she was not trying hard enough. The physician even said she would never be a good mother.
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