Mother Sues Paramedics Whose Actions Were Responsible For Loss Of Her Baby

Paramedics, who are usually the first on the scene of a medical emergency must give treatment that meets the applicable standard of care

. Their ability to identify symptoms, to make fast and correct decisions whether to notify a doctor for advice, whether to give medication or treat the person right then and there, and whether to move the person immediately to a hospital, can actually make the difference between life and death. In what follows we analyze a case in which paramedics answered a call from a pregnant woman who had experienced a placental abruption at nearly full term of her pregnancy. The paramedics did not appreciate the symptoms exhibited by the pregnant woman, such as being in shock from blood loss, and failed to take her immediately to a hospital. During the delay the unborn baby's oxygen supply was restricted as a result of the placental abruption.

Their not taking fast action caused a lapse of time of at least 18 minutes. In the 18 minute delay prior to being transported to the hospital her baby was deprived of necessary oxygen due to her loss of blood from the placental abruption. The child died the day after being delivered. The mother's bleeding was so excessive that she had to have another surgery to suppress it. She further had temporary kidney failure due to the loss of blood. The mother retained a law firm to pursue a lawsuit for malpractice resulting in the death of her baby.

Each State has its own unique laws for medical malpractice and wrongful death cases. A number of States have laws that enable only the mother to follow a claim for the death of her baby by reason of malpractice. In the State where this situation came about, for example, in order to be able to recover for the emotional damage suffered by the woman due to the death of her newborn the law firm that handled the case had to establish that the mother (1) experienced a physical injury that came about from the same negligence that caused the death of the infant and (2) that such physical injury to the woman would not have typically arisen in a normal childbirth. The mother suffered from a severe depression six months after her baby's death. She underwent treatment with therapy as well as medication. Still, as of the report of the case the mother was still depressed and expected to need medication for the remainder of her life. The mother met those requirements.

The law firm reported that they took the case to trial and achieved a verdict of $4.5 million on behalf of the woman. As this claim shows, health care providers like paramedics are held accountable for providing care that is in keeping with the applicable standard of care. When they do not meet the standard of care they may be liable for malpractice.

by: Joseph Hernandez

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