Sacramento Birth Injury Lawyer Blog

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.)

LIABILITY
The care and treatment rendered to Ms. White by Cindy Brown, M.D., and SAC Medical Group, Inc., fell below the standard of care in many respects, and it was that failure that caused the premature birth of Tomas and Owen and their ultimate demise.

Ms. White was at risk for pre-term labor and premature lengthening and dilatation of her cervix for the following reasons:

1. She was pregnant with twins;
2. She recently had undergone a LEEP procedure, i.e., a removal of a portion of her cervix due to abnormal Pap smear/biopsy;
3. She had delivered a child vaginally within the last year prior to this pregnancy.

The standard of care required Dr. Brown to refer Ms.. White to a perinatologist/high risk pregnancy specialist or comply with the standard of care of a perinatologist by assessing Ms.. White's cervix every two weeks throughout her pregnancy by way of transvaginal ultrasounds.

Secondly, the standard of care required, upon plaintiff's complaint on March 3rd of cervical pinching or vaginal pain, an immediate vaginal examination to determine whether or not the cervix had dilated and evaluation of the cervix by ultrasound.

Had Dr. Brown complied with the standard of care, early intervention would have occurred. Ms.. White would have been put on bed rest, been advised to stop working and more likely than not would have been able to prolong the pregnancy to 32 plus weeks. The twin baby boys died from the effects of premature labor and would have survived had Dr. Brown complied with the standard of care.

Continue reading " Wrongful Death Action Filed By Sacramento Parents On Behalf Of Twin Boys, Part 3 of 3 " »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.)

During the prenatal visit on March 3, 2004, Ms. White complained to Dr. Brown about pinching she was feeling at the cervix, to which Dr. Brown replied that it was caused by the way the babies were sitting in the uterus, that the head may be touching the cervix.

Dr. Brown did not do a vaginal exam to evaluate her cervix, or to see if it had lengthened or dilated. Furthermore, she failed to perform a transvaginal ultrasound which is commonly used to evaluate the cervix. It is doubtful that Dr. Brown had the competence to perform such an ultrasound.

The following day, on March 4, 2004, Ms. White experienced a little bit of pinkish discharge, and through the night started feeling cramping. The next morning, concerned that something was wrong, Ms. White called Universal Memorial Hospital, and they recommended that she come in to the Labor and Delivery Department, and be hooked up to a monitor to see what was going on. Dr. Gonzalez was the OB/GYN covering for Dr. Brown on that day. Upon examination, he performed a vaginal examination and determined that she was dilated 3 cm. He started her on medication in an attempt to stop the pre-term labor and further dilation of her cervix. At that time, Ms. White was in her 23rd week of the pregnancy.

Continue reading " Sacramento Doctors Sued For Birth Injuries And Medical Malpractice, Part 2 of 3 " »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.)

PLAINTIFFS’ TRAIL BRIEF
Plaintiffs William White and Joan White submit the following trial brief in the above entitled matter.

PARTIES
Plaintiffs: William White and Joan White
Defendants: Cindy Brown, M.D., and SAC Medical Group

STATEMENT OF FACTS
Plaintiff, Joan White, began seeing Dr. Brown prior to or at the beginning of her pregnancy with her son, Ethan, who was born XX/XX/2003. During the pregnancy, Ms. White had an abnormal PAP smear. As a result of that abnormal PAP smear, on May 27, 2003, she underwent a colposcopy and a LEEP procedure, during which a portion of the cervix where the abnormal tissue is present is removed. This process can lead to an incompetent cervix and put Ms. White at high risk for pre-term labor.

In November of 2003, Ms. White discovered she was pregnant again, and started her prenatal care with Dr. Brown. In December of 2003, an ultrasound was performed and it was determined that Ms.. White was pregnant with twins. The ultrasound was performed in December by a radiologist at SanSkid Imaging Center. In February and March of 2004, Dr. Brown performed ultrasounds in her office; however, they were grossly inadequate and did not come close to complying with the guidelines set forth by the American College of Obstetrics and Gynecology. Ms. White began experiencing dizziness and lack of energy for which Dr. Brown recommended increasing her iron intake. Ms. White asked Dr. Brown if she could go on disability, and Dr. Brown advised her that it was too early in the pregnancy. (See Part 2 of 3.)

Continue reading " Sacramento Parents File Lawsuit For Twins' Birth Injuries, Part 1 of 3 " »