New York Medical Malpractice Attorneys

$5,000,000-Jury Verdict Labor & Delivery Diagnosis Of Pre-Eclampsia Wrongful Death Of 27-Year Old Woman

F&F# 91322

OBSTETRICIAN MALPRACTICE ATTORNEY - LABOR & DELIVERY DIAGNOSIS OF PRE-ECLAMPSIA WRONGFUL DEATH OF 27-YEAR OLD WOMAN

Jury Verdict: $5,000,000 - Unanimous (6/0). Breakdown $3,000,000 for pain and suffering; $250,000 for past pecuniary damages; $1,750,000 for future pecuniary damages.

Injuries: Wrongful death of mother resulting from medical malpractice.

Facts: On 2/2/95, decedent, a 27-year old accounting clerk, presented to the office of Defendanat, her private attending obstetrician, at 30 weeks gestation. Defendant noted that decedent had excessive weight gain, protein in her urine and edema. His office records noted that he instructed decedent to rest and return in 1 week. Deft. testified that he remembered also telling decedent of the risks and symptoms of preeclampsia, and advised her to call him if she developed a headache. Deft.'s obstetrical expert conceded that if Deft.'s only instructions to decedent were to rest and come back in 1 week, that was a departure from generally accepted practice. Deft. testified that his practice was to write whatever instructions he gave to his patients in his records.

At 9:20 PM on 2/8/95, decedent presented to St. Luke's-Roosevelt Hospital, and was diagnosed with severe preeclampsia. She had hypertension, edema, protein in her urine, and elevated liver enzymes. Hospital records indicated that she had been suffering from headaches for 3 days. Both parties experts testified that if she had headaches, decedent was preeclampsic. Pltf. contended that if decedent had been advised of the dangers of preeclampsia and the significance of headaches, earlier intervention would have prevented her from becoming severely preeclampsic, and the liver complications would have been avoided.

At the hospital, decedent was found to be less than 1 cm dilated and 50% effaced. There was no labor. Deft. attempted to induce labor by Pitocin, which was started at 11:50 PM on 2/8/95. Deft. performed a vaginal exam at 2 AM on 2/9, and found no change in decedent's cervix. He continued the induction until he ordered a Caesarean section, which was performed at approximately 8:45 AM on 2/9. By 12:45 PM on 2/9, decedent still had elevated liver enzymes and had become thrombocytopenic. Deft. left the hospital to go to his private office at 1 PM on 2/9. Pltf. claimed that according to the records, he did not arrange for coverage by an attending obstetrician, but instead left an inadequate plan of care, which was carried out by a first-year resident. By 12:15 AM on 2/10/95, decedent was suffering from disseminated intravascular coagulopathy.

Deft.'s pathologist testified that decedent began to suffer the death process shortly after Midnight on 12/10/95. although she showed some level of awareness until Midday on 2/11. The records indicated that she was aware that she had given birth to a son. Decedent never saw her son before her death on 2/12/95.

Pltf. contended that Deft. was negligent for failing to give appropriate instructions on 2/2/95, by failing to perform a Caesarean section by 2 AM on 2/9, by failing to test for and treat thrombocytopenia and by failing to arrange coverage by an attending OB-GYN when he left to go to his office on 2/9.

On damages, Pltf.'s economist testified that projected loss to decedent's son was $718,888 for lost earnings. $563,044 for lost household services, and $325,981 for loss of parental guidance and nurturing. Decedent was 27 years old at her death. She was survived by her newborn son who was uninjured. Offer: $750,000; demand: $2,000,000. Jury deliberation: 3 ½ hours.