Legal Question in Health Care Law in California

Negligent care received, during labor.

Can a doctor and hospital discriminate against a woman who is having a child, when it is determined that because of a genetic disease the childs life might be shortened? When I say discriminate, I mean, deny instruments necessary for the baby to be born alive, instruments that every woman and child should have, such as heart monitors, can a doctor just let a baby who is full term just die and do nothing to help not even attempt to save her, and just leave the room and not return once the baby's heart stopped, can physicians who are obligated to try and save lives, take a life when they deem it fit, are they allowed to ignore a parent's wishes, when the parents plead over and over for the doctors to do everything possible for their little girl. This doctor did just that,took my baby's life because the tests determined she might not live long, because of this doctor's negligent treatment her incompetence and her callouseness, my baby didn't survive, we were treated like animals by this doctor and this facility, and no one has apologized, no one. signed L.S. (Destiny's Mom)


Asked on 6/05/03, 2:18 am

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Negligent care received, during labor.

Sounds like you need to vent your grief. As to whether anyone was professionally negligent, you need to find an attorney in your area that will get the medical records and have them reviewed by qualified experts to determine three legal issues: (1) professional negligence? (2) causation, i.e. did the negligence cause your baby to die and/or cause you "emotional distress" or other injury, and (3) what is the value of the damages to a jury in your area.

Only an objective assessment of these issues will allow a reasoned decision whether or not to pursue legal action.

I am sorry for your loss.

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Answered on 6/05/03, 12:32 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Negligent care received, during labor.

first of all, let me please extend to you and your family my deepest sympathies and condolences for what you have been put thru, as well as your horrific loss. if you would like legal assistance and/or representation in this matter, please email me directly with more specific details regarding your case, as well as what type of supporting evidence you may have to back your claims of "negligence" that caused your baby's untimely death. once i get this information from you, i can give you a much better evaluation of your case and/or how you might want to proceed in getting justice in this matter. thanks for your question, and once again we deeply regret your loss and what your family has had to endure thru all of this.

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Answered on 6/05/03, 5:37 pm


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