On August 31, 2018, a Mississippi medical malpractice jury awarded the plaintiff $2.4 million in compensatory damages against a local OBGYN, who had his hospital privileges suspended in February 2018. The incident for which the Mississippi jury found the defendant OBGYN liable had occurred in 2014.
The Mississippi medical malpractice plaintiff suffered severe injuries during labor when her uterus ruptured. The defendant OBGYN performed four surgeries on the plaintiff within a few hours after the birth, the last of which was an abdominal hysterectomy performed in an effort to stop the woman’s severe bleeding. A fifth surgery was performed the same day by another surgeon, to repair a bladder injury and to address other injuries allegedly caused by the prior surgeries.
The plaintiff alleged in her Mississippi medical malpractice lawsuit that the defendant OBGYN had induced her labor before the baby’s head was in the proper position. Then, the defendant allegedly failed to perform a timely Cesarean section delivery and failed to perform a timely required hysterectomy, according to the plaintiff. The plaintiff further alleged that the defendant left the plaintiff’s bedside on multiple occasions while the plaintiff was still severely bleeding.
One of the witnesses who testified during the Mississippi medical malpractice trial that lasted several days was the plaintiff’s cousin, who was an OBGYN and visited the plaintiff between the plaintiff’s surgeries. The cousin testified that she called the defendant OBGYN and told him that he needed to return to the hospital because if he waited until the next morning, the plaintiff would be dead.
The defendant OBGYN testified during the trial that “every time I acted in the best interest of the patient” and pointed to the fact that the plaintiff was alive and that the baby was healthy as proof that he had not committed medical malpractice.
The defendant’s lawyer noted that uterine ruptures are quite rare and typically result in the death of the mother and/or the baby. The defense attorney further stated that the defendant OBGYN had never seen a uterine rupture before and that the defendant had used his best judgment in treating a serious, difficult situation.
The plaintiff’s Mississippi medical malpractice lawyer responded, “There’s just a lack of care.” Nine of the twelve Mississippi medical malpractice jurors agreed that the defendant had breached the standard of care, that the plaintiff was injured as a result, and that the plaintiff was entitled to the amount that the jury determined was appropriate compensation under the circumstances.
If you or your baby suffered a birth injury (or worse) during labor and/or delivery in Mississippi or in another U.S. state, you should promptly find a Mississippi birth injury lawyer, or a birth injury lawyer in your state, who may investigate your birth injury claim for you and represent you and your child in a birth injury medical malpractice case, if appropriate.
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