Medical Malpractice: $1,500,000.00* (With Expected Lifetime Payout of $5,256,000.00)
Plaintiff, Baby Z. was born to Plaintiff Mother Z., with profound brain and other neurological injuries. An ultrasound was not ordered until late in the pregnancy, which Doctor Doe contended was because Mother Z. did not know when her last menstrual period was. The ultrasound report indicated that the baby was 34 weeks. Plaintiffs contended that a late stage ultrasound should never be used for dating, and if there is uncertainty as to the dating and the issue is crucial, then there are more precise ways of determining the estimated date of conception. Plaintiffs also contended that Doctor Doe breached the standard of care in that a baby is considered term at 37 weeks, and when the baby is at term and there is placenta previa, the baby should not be allowed to proceed through vaginal delivery because of the risk of placenta abrupto (which results in a lack of oxygen to the baby and the baby may suffer brain damage or death.) That is what occurred in this case. Defendant OBG testified that he informed Plaintiff Mother Z. to go to the hospital for an induction after she presented at his office with bleeding. However, neither his office chart or the hospital records reflect any referral by him to the hospital or any discussion with Plaintiff regarding placentia previa. Defendant Pediatrician saw plaintiff, but contended that she was never acting as an obstetrician and should not be held to that standard of care.
The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.