Reference no: EM133635885
Question: In 2019, the Kromphardt family (plaintiffs) filed a malpractice lawsuit against Mercy Hospital, Dr. Jill Goodman, and OB-GYN associates (defendants). The family filed the suit after their baby was born with severe brain damage, requiring 24/7 care for the rest of his life. The family was awarded $97.4 million for the negligence that occurred during the delivery of the newborn (Van de Riet & Reevie, 2022).
The plaintiff is seeking litigation because of negligence that occurred during the birth of her baby in August 2018. The baby was in fetal distress and should have been delivered by cesarean section; however, Dr. Jill Goodman proceeded with a vaginal birth and attempted to use forceps to pull the baby out. When the forceps didn't work, the doctor used a vacuum extractor, which is not supposed to be used after forceps don't work. Because of these actions, the baby was delivered with a fractured skill, causing an ischemic brain injury, seizures, facial nerve palsy, and skull fracture with subdural hemorrhage (Van de Riet & Reevie, 2022). All of these injuries will require 24/7 care for the rest of the child's life.
The plaintiffs have a strong case against Dr. Jill Goodman, Mercy Hospital, and OB-GYN Associates based on the four essential elements of duty, direct cause, dereliction, and damages (Fifth Avenue Agency, 2022). A proper physician-patient relationship existed because the doctor was delivering Kromphardt's baby and should have been providing care that aligned with the standards of medicine. When Dr. Goodman used a vacuum extractor after a failed forceps attempt, she allegedly went against standard protocols. The newborn was born with a skull fracture due to the use of forceps and a vacuum extractor, showing that the injuries were a direct cause of the physician's deviation from medical standards. The plaintiff was awarded compensation for future medical care, the loss of the baby's future earning capacity, past and future loss of function of the mind and/or body, and past and future pain and suffering, totaling around $97 million.
From researching this case and these findings, I've learned what elements are essential for a strong negligence case. It is crucial to understand the "4 D's" of negligence when reviewing cases where a patient believes their doctor should be accused of negligence.