$4.5 Million Lawsuit Against Paramedics Who Missed Signs Of A Placental Abruption

Medical malpractice claims are not limited to mistakes made by physicians and nurses

but also with mistakes made by other health care providers who themselves have a duty to provide patients with treatment that meets the applicable standard of care. The ability of a paramedic, for example, to recognize symptoms, to make timely and accurate decisions as to whether to administer medication or perform a procedure at the scene, to consult with a physician, or to immediately transport the patient to a hospital, can literally make the difference between life and death.

If there is any doubt as to how to handle a given situation, a paramedic should call in to discuss the situation with a physician. This article analyzes a reported lawsuit concerning an expectant mother who was seen at her house by paramedics in the very early morning after she called for help over a complication from her pregnancy.

The report of the lawsuit indicates that the pregnant woman was close to full term and her membranes had ruptured while she was home during the very early hours of the morning. By the time the paramedics reached her she had already undergone a sudden loss of blood and had gone into shock. The paramedics examined the woman but did not recognize that she was in shock from the sudden loss of a significant amount of blood and did not ascertain that the blood loss was the result of a placental abruption. The paramedics simply failed to properly diagnose her situation.

The lawsuit alleged that the failure on the part of the paramedics to take immediate action resulted in a delay of at least 18 minutes. In this time the baby's oxygen supply was significantly cut off due to the loss of blood from the placental abruption. The mother's blood loss was so extensive that the mother had to undergo another surgery in order to control the bleeding and later temporarily lost kidney function.

The laws controlling potential malpractice claims for the death of a newborn are determined by the state where the malpractice occurred. The matter described above took place in a state where in order to be able to succeed on a claim the mother must meet three requirements. First, she had to suffer a physical injury. Second, the physical injury would normally not happen in a normal childbirth. Third, the physical injury was caused by the same act of malpractice that resulted in the baby's death may pursue a claim for the emotional harm she experienced due to her baby's death. Given that the mother needed an additional surgery so as to control the bleeding and that her kidneys temporarily failed due to the amount of blood loss, she was able to proceed with a claim.

After losing her child, the mother began suffering from a severe depression after 6 months. She needed treatment that included therapy and medication. It is expected that she will have to remain on medication permanently. The law firm that represented the mother reported that a jury returned a verdict of $4.5 million. This case demonstrates that a paramedic who causes serious harm by failing to meet the standard of care may be liable for malpractice.

by: Joseph Hernandez

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