A Connecticut medical malpractice lawsuit filed against a Connecticut doctor was recently settled for an undisclosed sum just before the Connecticut medical malpractice trial was scheduled to commence. At issue was whether the doctor could be held responsible for the death of a 22-week-old fetus who died allegedly as a result of the defendant’s failure to perform a pregnancy test on her mother who was having her IUD removed by the doctor.
The trial judge had to decide pretrial motions that raised the issue whether a 22-week-old fetus could be named as a plaintiff in a wrongful death action. The trial judge determined that it was not the age of the fetus that mattered but rather the fact that the fetus was born alive, therefore allowing the Connecticut medical malpractice wrongful death lawsuit to proceed.
The mother was twenty weeks pregnant, but did not know she was pregnant, when she went to the defendant obstetrician in April 2011 to have her IUD removed because she had not had her menstrual period in five months. The defendant doctor, who had previously inserted the IUD into the woman, failed to perform a pregnancy test on the woman before she used forceps to remove the IUD. As a result, the woman’s fetal membrane was ruptured during the IUD removal procedure. A subsequent ultrasound determined that the woman was twenty weeks pregnant at that time.
Despite being told that there was a high risk of losing the baby, the woman and her husband decided to not abort the fetus. Unfortunately, the woman was suffering a fever and had a high white blood count when she arrived at a local hospital, where her labor was induced in order to save the woman’s life. The plaintiffs’ premature daughter was born on April 17, 2011 but died less than two hours after birth, at 6:50 a.m.
In February 2008, the same defendant obstetrician was on the losing end of a seven-week medical malpractice jury trial that resulted in a verdict in the amount of $38.5 million ($30 million in economic damages, $7.5 million in noneconomic damages, and $1 million awarded to the baby’s mother for negligent infliction of emotional distress). The Connecticut medical malpractice jury determined that the defendant obstetrician decided too late to perform a Cesarean section delivery, resulting in the baby being deprived of oxygen during labor and delivery (the plaintiff gave birth on April 4, 2003 to twins: the baby girl was born first and was healthy but the baby boy’s umbilical cord was compressed due to it being trapped between his skull and the mother’s pelvic bone, and the delay of 25 minutes in delivery from the time the problem was first noted resulted in severe brain damage and the need for around-the-clock care).
If you or a loved one suffered a birth injury in Connecticut or a birth injury in another U.S. state, you should promptly find a Connecticut medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your birth injury claim for you and represent you in a birth injury case, if appropriate.
Visit our website to submit a short, secure form, or call us toll-free in the United States at 800-295-3959, to find birth injury lawyers in Connecticut or birth injury lawyers in your state who may assist you.
Turn to us when you don’t know where to turn.