Legal Question in Medical Malpractice in Florida
I was known high risk 20 1/2 weeks pregnant on strict bedrest who started to feel contractions...so I went into the hospital for a labor check that night. Although my OBGYN was in the hospital-he never came and checked in me nor was I seen by any doctor L&D doctor. In addition, besides the monitor for a couple of minutes, no other services were done and was told the contractions I was feeling was just irritability and that I needed to drink more water. So, I was sent home with contractions. Early the next morning, (on my birthday) the contractions never went away but only became more intense and within 5min. apart, So- I contacted my doctor's office and after hadn't received a call back- came back to the hospital for another labor check. The same nurse from the night before-remember me and replied "you're back!?!" I was put back on the contraction monitor to only be told I was again that it was still irritability but she will contact my doctor for orders. She also mentioned not to worry -that whatever I was feeling could be stop since it was caught early. Without my permission- I had a medical assistant student (of which I was told after the fact) attempt to put in a i.v which he failed at d leaving me with a contusion on my wrist. I had no sign of bleeding or fetal distress...Fetal hearthate stayed at 160-165 beats a min. After hrs of pleading for the nurse to give me something to stop the contractions and in horrific pain..Almost a total 24 hrs later (10 hrs of active preterm labor), I was finally given magnesium to stop the contractions...too little to late because within 5 mins of that infusion my water broke. My preterm labor resulted in placenta abruption and preterm birth of which my daughter was too early to survive outside the womb so she died. Does this constitute as malpractice neglience due to delayed diagnosis and treatment?
1 Answer from Attorneys
A number of issues arise with this factual scenario.
1. According to our obstetrical expert, at 20.5 weeks, the fetus would not be viable. There is not enough information provided to ascertain why the patient had a placental abruption.
2. It the patient was in the hospital for 24 hours, what was being done during that time?
3. The patient may have had chorioamnionitis.
4. An amniocentesis could have been performed to determine whether or not the patient had bacteria in the amniotic fluid and if so, whether or not to treat the patient with antibiotics.
5. The fetus also may have had some anomoly which caused the situation.
In sum, more information would be required to thoroughly respond to this inquiry.
Ronald M. Zakarin, Esq.
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