Rhode Island Lawyer, David Slepkow

Medical professionals have a duty to perform their job according to accepted standards of care. Harm caused to patients from medical negligence entitle patients to relief. In order to prevail in a medical malpractice lawsuit a patient must prove the existence of the following:

Professional Relationship: medical professional and patient relationship obligating a standard of care.

Negligence: an ordinary professional in these circumstances would have not made this mistake.

Causation and Harm: the medical error caused harm that a proper diagnosis would have prevented.

Robert Wyble of New York recently won a jury award of $4.8 million against care providers for misdiagnosing him in 2005 with Myasthenia Gravis, a neuromuscular autoimmune disease that causes disability and death unless treated with aggressive and invasive procedures.

Wyble endured numerous complications and suffered emotional trauma related to his course of improper treatment until another doctor discovered the misdiagnosis in 2009. It turned out that Wyble actually had Cataplexy, a very treatable condition that an increase in his Ritalin prescription eventually corrected. Despite recovering physically, Wyble continued to languish in depression from the ordeal for three more years, which resulted in a divorce from his wife in 2011.

A Suffolk jury awarded Wyble $373,700 for past medical expenses, $2 million for pain, suffering and loss of enjoyment, and $1.5 million over the next 28 years for future pain, suffering, and loss of enjoyment. His wife was awarded $1 million for loss of service, society, and companionship.

Medical malpractice occurs during complications in labor, fetal distress, and other childbirth emergencies when a healthcare professional does not respond appropriately. The most common causes of birth injury malpractice include:

• Failure to anticipate the size of the child before labor (often occurs with larger babies).
• Failure to respond and treat maternal bleeding.
• Failure to diagnose and treat fetal distress.
• Failure to account for oxygen deprivation to the baby during labor.
• Errors in using a vacuum extractor or forceps during labor.
• Excessive force used during delivery.
• Failing to order a caesarian section when medically necessary.
• Unnecessary or improper treatment given to the infant after birth.

Any of these actions by the doctor or medical staff that cause harm to the baby may be considered medical malpractice.

Earlier this year, a mother carrying twins went into premature labor and was admitted to Brigham Women’s Hospital in Boston with high blood pressure. The medical staff discovered she had a kidney infection as well, but there was a delay in giving her antibiotics. Later that afternoon, the babies’ heart rates started to slow down, and a nurse called the resident doctor.