$4,500,000 Awarded To Mother After The Loss Of Her Baby Because Of Delay In Medical Care

Paramedics, who are typically the first on the scene of a medical emergency need to provide treatment that meets the applicable standard of care. As the first to respond we expect paramedics to have the knowledge, training, and experience to discern between problems are capable of being treated at the scene from the ones that need urgent transport to a hospital with the appropriate equipment and full medical staff. This article analyzes a lawsuit regarding an expectant mother who called in from her house in the very early morning complications from her pregnancy. When the paramedics responded the woman was already in shock because of abrupt blood loss resulting from by a placental abruption. The paramedics failed to realize the seriousness of the circumstance and took about eighteen minutes before transporting her to the hospital.

The claim claimed that the failure on the part of the paramedics to act right away resulted in a delay of at least eighteen minutes. During the eighteen minute period the woman’s unborn child suffered from hypoxia as a result of the blood loss from the placental abruption.. The infant died only one day after being delivered. The mother’s blood loss was so excessive that she required an additional surgery to control the bleeding and later temporarily lost kidney function. The mother retained a law firm to initiate a lawsuit for malpractice resulting in the death of her baby.

Every State has its own unique laws regarding medical malpractice and wrongful death lawsuits. A number of States have laws which enable only the mother to pursue a lawsuit for the death of newborn by reason of malpractice. In the State where this case arose the legal requirements for a mother to pursue a claim for the emotional harm she experienced due to her newborn’s are as follow. First, that the mother suffered a physical injury. Second, that the injury was one that would normally not happen in a normal childbirth. And third, that the injury to the mother was caused by the same act of malpractice that resulted in the baby’s death. The mother suffered from a severe depression six months after her newborn’s death. She underwent treatment with therapy and with medication. With the injuries the woman herself sustained due to the delay by the paramedics, she was able to go forward with a lawsuit.

The mother was successful. The law firm that represented the mother reported that at the end of the trial the jury returned a verdict in her favor and awarded her $4,500,000. Paramedics are health care providers. They are trained and they are licensed. They are supposed to be able to diagnosed signs of serious health issues and to take proper and timely action. If they do not and their actions fall short of the applicable standard of care, they can be liable.

By: J. Hernandez

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Joseph Hernandez is an Attorney accepting birth injury medical malpractice cases. You can learn more about placental abruption and other types of birth injuries including group b streptococcus matters by visiting the websites