Baby Born Pre-maturely wins $4 million verdict

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Boy born prematurely wins $4 million verdict

Thursday, May 01, 2003

Associated Press

A Beaver County jury ruled doctors misdiagnosed pregnancy complications and awarded $4.1 million to a 6-year-old boy born prematurely and suffering from developmental problems as a result.

A Beaver County jury deliberated for two days before finding The Medical Center in Beaver and obstetrician Dr. James Crozier negligent yesterday in Randy Charles Ross' March 29, 1997, birth.

According to court documents, the boy's mother, Catherine Ross, of Monaca, called Crozier the day before the birth and told the doctor she had pain from her waist up and was vomiting.

According to the lawsuit, Crozier told her she was suffering from tension and told her to go to the emergency room at The Medical Center in Beaver, about 25 miles northeast of Pittsburgh.

At the hospital Ross waited for about 6 1/2 hours in the emergency room before she was diagnosed with eclampsia, or seizures caused by a rise in blood pressure that can force early delivery of the baby, sometimes endangering the lives of both mother and child.

Doctors performed an emergency Caesarean section and the boy was born 8 1/2 weeks premature.

Worldwide, pre-eclampsia -- a sudden increase in blood pressure in late pregnancy -- and eclampsia occur in about 10 percent of pregnant women and account for about 12 percent of pregnancy-related deaths, according to the World Health Organization. The condition is more common in developing countries.

According to Harry Cohen, an attorney for the family, Randy eats with a feeding tube, suffers from heart and developmental problems and likely will not lead a normal life.

"Even if he's able to get a job someday, he's only going to be able to get an entry-level job," Cohen said. "He won't be able to do anything beyond that."

"I don't want people to think that this child hit the lottery, that he's some sort of winner ... He's going to have big problems down the road. He was hurt badly," Cohen said.

Cohen said the award will be placed in a court-supervised trust that can only be used for the boy. His past treatment has cost $400,000 and further treatment is expected to cost $350,000, Cohen said.

The boy's father, also named Randy Ross, declined comment last night.

Hospital officials were disappointed by the verdict and were considering whether to appeal, said spokesman Scott Monit.

Crozier could not be reached for comment. He joined doctors across the state this week in a walkout to protest high rates. He did not return a message left at his office and did not have a listed home phone number.

Of course, we don't know the full story. But as it reads, the hospital ER should be liable for ignoring the woman and the doctor acted accordingly. What was he supposed to do, rush over to her house? He told her to go to the ER, which was the right thing to do.

When I worked for the military, a mom came into L & D at 34 weeks, saying she had "headaches." They took her blood pressure, and it was so high that it was hard to get a reading. The staff got her into bed, and then she seized. Anyway, she died and the baby was saved. Terrible story, but as it turns out, her husband said that she had been complaining of headaches and dizziness, but refused to go to the doctor and get checked. So who knows how long this woman involved in the lawsuit may have waited before finally calling her doctor. It sounds like her symptoms were pretty bad, and that normally just doesn't happen all of a sudden. She may have been having symptoms for weeks, and ignoring them. That doesn't excuse the ER for not checking her out right away, of course, but people do need to assume some responsibility for their health.

Specializes in LTC, Alzheimers, hospice.

The ER should absorb 99% of the blame. The Dr. did the right thing under the circumstances he directed her to the ER but did he call them & alert them he was sending her there? ( that's were he earns 1% of the blame). She on the other hand may have gone in & not explanning clearly to the triage nurse all the symptoms she was having & that the Dr. told her to come in. I know my OB did just that 11yrs ago on a routine check up my b/p was through the roof he dx. me with pre-eclampsia he told my husband to take me to the ER not our county hosp. but to NYC where they are better equiped to deal with my problems. When we got there they were actually waiting for me outside with a w/c. Needless to say about 1hr or so I seized had emergency C-section then my liver ruptured. I thank my OB everytime I see him for saving me & my premature baby's life. I was having terrible headaches for 3-4 days but decided to wait until my OB visit.

Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.

why in Blue Blazes was the lady NOT directed to the OB floor where proper Dx and Tx could have changed the outcome? I think THAT is a big part of the problem. Here, ER's don't "do" Obstetric patients over 20 weeks unless there is a NON obstetric complaint/problem that is not complicated. I don't get this. Something stinks.

Any ER I've ever been to checks your vitals as soon as possible after you arrive. I just don't get this...didn't they even check her BP??

Ok, I have two questions: first, why did they wait until the child is six years old before suing the doctor. It did not take six years to realize that the child was having problems and I would imagine that more than $400,000 has been spent since his birth. Second, how does the ER get off scott free after having her sit in the ER for 6 hours? No wonder we are having a shortage of doctors which will make it harder on people now to have a baby. People just want to sue, things have been happening for centuries. I think people are just sue happy, these days.

Specializes in Pediatrics, Geriatrics, Call Center RN.
Originally posted by SmilingBluEyes

why in Blue Blazes was the lady NOT directed to the OB floor where proper Dx and Tx could have changed the outcome? I think THAT is a big part of the problem. Here, ER's don't "do" Obstetric patients over 20 weeks unless there is a NON obstetric complaint/problem that is not complicated. I don't get this. Something stinks.

I was thinking the same thing. No one touches a OB patient out here either except for the mother/child floor. But the doc did everything he could. What more did they want from him? As far as the 6 years goes. My daughter is a 24 weeker. They still can't decide if she is going to have problems all her life. She is 3 and can not talk or walk, but everyone says there is a possibility of it happening. I would not sue for this. No amount of money will make things perfect for my daughter. And we had a great OB. She just decided she was coming.

Specializes in ORTHOPAEDICS-CERTIFIED SINCE 89.

I had stuck this in, guess it was not noticed.

http://www.zwire.com/site/news.cfm?...4&PAG=461&rfi=9

Decision assigned 10% blame to the doc 90% blame to the hospital. Doc is not available for comment because he is participating in walkout code blue to protest malpractice costs.

Specializes in NICU.

Even that article states that she called him in the "evening." She arrived at the hospital around midnight. I'm guessing- what? Three hours? Four? Is "evening" considered 6 or 7pm? 8 even? If she was in so much pain and vomiting, and called her OB and he TOLD HER TO GO TO THE ER, why on EARTH did she wait? I see much more fault lying with the mother and/or family than I do the hospital. There is fault with the ER, specifically, whatever triage procedures they had in place for OB patients, which obviously failed to detect her problems. Though the OB could have called the ER, I don't know enough about L&D to know if this is commonly done? If so, okay, he messed up, but REALLY. Six HOURS in the waiting room? Vomiting? Extreme pain? Obviously they knew she was pregnant- the original article said that she was one day prior to her due date when this happened.

Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.

Well it is sounding more and more like the award may have been warranted, as much as I hate to say it. I mean, from what I am reading a lot of things were missed, balls dropped. If the child has a lifelong disability, well somehow SOMEONE will have to pay for care and maintanence of said child/adult later on, right? I am ALL FOR TORT REFORM, mind you. Pain and suffering must somehow be capped. But if someone/someoneS drop the ball and a person is permanently disabled, somehow that person will have to be cared for should he/she live even after the parents are gone.

Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.

They may have waited because some disabilities/problems of prematurity don't show fully how severe they can be til a child nears school-age. I am just guessing here; of course, I don't know the details of the whole case. This is why I fear litigation so much in OB; families have YEARS AND YEARS, in the case of suspected birth-related injuries/disabilies in which to sue us....long after we have forgotten the case and what was involved.

I have never called the ER to tell them a patient was coming and as far as I know the docs don't routinely. I can understand the judgement against the ER/hospital, I just don't see how the OB is responsible unless he missed diagnosing this earlier or something?

Specializes in Specializes in L/D, newborn, GYN, LTC, Dialysis.

agree w/you fergus.

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