A 34 year old woman was pregnant. This was her third pregnancy, the first two had been terminated and this is the first time that she wanted to bring the pregnancy to term. She her last menstrual period in December 1999 and her estimated date of delivery was September 7, 2000.
The woman did not have an abnormal PAP smear; she has never had any surgery on her cervix but she did have a heart murmur, she has had two shoulder surgeries and two abortions and she has a uterine fibroid which caused heavy bleeding and cramping at least one year before becoming pregnant.
The reason why she came to the obstetrician was because she wanted to get pregnant but was having difficulty getting pregnant. The doctor saw a fibroid and told her that her fallopian tubes were occluded. The doctor advised her to have her tubes “blown out.”
Four months after her consultation with her obstetrician who was also a fertility specialist, she missed her period and so she took a home pregnancy test. She tested positive so she went back to her obstetrician who recommended blood work tests on her and wrote her a prescription for prenatal vitamins. She had an ultrasound and an amniocentesis to rule out genetic problems with her baby since she was already 34 years old. All the test results were normal.
Five months later, the woman experienced lower back pain and she felt that she needed to go to the bathroom to move her bowels. When she got to the bathroom, the urge to defecate was gone. Instead, she felt a bulge coming out of her vagina. She pushed the bulge back. She talked to her sister-in-law who told her to call her obstetrician.
She called her obstetrician and on the phone, the doctor told her to stand up and to see if she felt the same bulge coming out of her vagina but there was no bulge. The doctor advised her to rest as it might be hemorrhoids and to see her tomorrow. The day after, she felt the bulge again and went to see the doctor. She called her doctor and told him about the bulge she felt again. He told her to go to the hospital.
When went to the nearest hospital where the obstetrician on call saw her and advised her that her baby may have severe disabilities if delivered so soon. She made the pregnant woman lie with her head lower than her legs. She then arranged her to be transferred to another hospital where her regular obstetrician can better advise her and treat her. She was given medication to stop her contractions.
At the time she got to the university hospital where her doctor had admitting privileges, the doctor told her that she needed an emergency dilation and curettage. A D&C is a procedure that involves dilating the cervix artificially and scraping the uterus. It will cause an abortion and a termination of her pregnancy. The doctor also said that she also had the option to deliver the baby. She was told for the first time that she had an incompetent cervix and was already in labor even if she was only five months pregnant.
She was readied for an emergency cesarean section. She delivered a baby who weighed only one pound and thirteen ounces. The baby had significant developmental delays and disabilities.
The mother then filed a suit in damages for medical malpractice against her obstetrician for failing to diagnose her incompetent cervix; the obstetrician who saw her in the emergency room and refused to perform either a cesarean section on her or else a D&C so that she did not have to give birth to an impaired child and for her failure to inject her steroids to stop the labor; and the obstetrician who performed the emergency cesarean section on her and delivered her baby.
The doctors all filed motions for summary judgment asking that the complaint against them be dismissed. The Court held that the complaint against the doctor who saw the woman in the emergency room showed her entitlement to a summary judgment. She did not commit any medical malpractice when she gave the woman first aid to stop the labor and transport her to the nearest medical facility where her regular obstetrician can better diagnose her and treat her. Hospitals in The Bronx and Westchester have dealt with this problem.
The Court held that her regular obstetrician’s motion for summary judgment should be denied as there exist a material issue of fact that has to be tried by a jury. The question of whether or not the doctor was negligent in not immediately having the woman admitted into the emergency room at the university hospital where he had admitting privileges has to be tried by a jury; the question of whether or not with the woman’s history and with the examinations he had done, he should have diagnosed that the woman’s cervix was incompetent.
Perhaps you are like this woman whose cervix was incompetent. You lost your baby, or you delivered your baby pre-term. You are now thinking of bringing a suit for medical malpractice against your doctor. You need the services of a NYC Medical Malpractice lawyer who can present your facts and argue your case in court. You need the services of a NY Medical Malpractice attorney who can gather evidence and present expert opinion that will prove your theory of the case. At Stephen Bilkis and Associates, their New York City Medical Malpractice lawyers can represent you in court and even in settlement negotiations. Call Stephen Bilkis and Associates today and see any of their New York Medical Malpractice lawyers at any of their offices in the New York area to begin the process of obtaining just compensation for the injury you sustained.