Settlement in fetal death malpractice, wrongful death case

Friday January 8, 2016

Many issues involving abortion deal with legal arguments over when a fetus is considered a person. However, an obstetrics and gynecology doctor out of Stamford, Connecticut, has settled a lawsuit by a couple who alleged that medical malpractice in 2011 led to the wrongful death of their 22-week-old fetus.

The doctor did not make sure the woman was not pregnant before attempting to remove a birth control device inside the woman’s uterus. As a result, the woman’s fetal membrane ruptured.

While the terms of the settlement were not revealed, the issue before the court was whether the couple’s wrongful death lawsuit against the doctor could move forward. The judge ruled that it could be based on case law in other states that included both sides of this medical, moral issue. There was no case law in Connecticut on the issue.

Just before the case was supposed to proceed to trial, the settlement was reached. The doctor has denied the couple’s allegations. This is not the first time that the doctor has faced a lawsuit. In 2008, one of the largest awards in Connecticut in a malpractice case was handed down by a jury against the same doctor. That case alleged that the doctor didn’t perform a cesarean section in time. The child was born with cerebral palsy and the parents were awarded $38.5 million.

Medical malpractice cases are often complex and require an experienced attorney. Expert witnesses may be needed to establish injuries or illness as well as the damages in the case. A lawyer who understands the nuances associated with such cases can provide you with more information.

Source: Hartford Courant, “Connecticut Fetal Death Lawsuit Settled,” Jan. 04, 2016

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