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Parents Sue Physician After Death Of Their Child For Medical Malpractice In Use Of Vacuum Extractor In Childbirth

It is a known reality that a number of young children will either endure a serious injury or possibly not survive. Even though a number of of these incidents are not avoidable even with the finest health careavailable today , parents ought to recognize that sometimes the injury or death of their infant might have been averted. When such a situation occurs, an experienced and skilled medical malpractice attorney might be able to help. This post explores what occurred in one case where a baby died and the parentspursued a lawsuit.
The loss of a baby is a traumatic event for parents. Yet, whether parents can even win in a case for medical malpractice or wrongful death for the death of their baby varies and is based on the state where the stillbirth happened. In the event that the stillbirth happens in certain states the parents have no recourse. In different states there is a recourse but only the mother can file a claim while the father is excluded. In yet other states just those mothers who endure a physical injury from the same act of medical negligence that resulted in the stillbirth can successfully bring a claim for the emotional harm she went through because of the death of her baby.
Picture a female who marries in her 40's. The pair then decides to have a family. Given their age, the pair begins trying to conceive a baby prior to the marriage ceremony. After they are married they discover that the wife is expecting and that they will have a child together. They then find out that their baby will be a boy. They become so happy by the news that they select the baby's name and they set up a nursery for the baby in their house. For the baby shower friends and family are invited.
In the course of the pregnancy the mother was meticulous about doing everything possible to protect the welfare of their unborn baby. She made sure that she did not eat or drink anything that might be unhealthy for the baby, she took her pre-natal vitamins, she kept all her prenatal appointments, and she followed all the advice and instructions from her doctor. Prenatal testing showed that the baby was developing normally.
At full-term the pregnant woman was admitted to the hospital for labor and delivery. However, the woman coud not push hert baby past the birth canal. Because of the trouble she was having she asked the physician to perform a C-section so as to deliver the child.
Instead of listening to her concerns and doing as the patient requested, the doctor went into a tirade ridiculing the woman while she was in labor. The physician continued by calling the patient lazy and a coward who wanted to quit to avoid the pain of delivery. The physician told her she was not trying hard enough. The doctor even told her that she would never be a good mother. According to testimony, on top of this, the doctor was not even paying adequate attention to the mother as his attention was focused on flirting with a nurse in the delivery room.
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