The lives of Floyd and Melanie Foster fell apart when they learned that their baby had passed away after the doctor responsible for the child’s care tried to remove and IUD which ruptured the child’s membranes. Although alive at birth, the child only lived for two hours.
The doctor involved in this tragic situation was Dr. de Cholnoky who was Melanie’s OB/GYN, According to the doctor, the child was born at 22 weeks old, and though alive at birth, was too premature to be considered viable, therefore no wrongful death took place.
The problem the doctor faced was two-fold. To begin with, she was the one who fitted Melanie Foster with the IUD which was supposed to prevent the young woman from getting pregnant in the first place. It wasn’t long after getting fitted for the IUD that Melanie noticed she wasn’t feeling well and that her system seemed to be off. She gave it five months, after which point she returned to Dr. de Cholnoky to complain about not having had a period for the five month period. She and the doctor decided the best course of action was to remove the IUD.
The mistake the doctor made was failing to test Melanie to determine whether or not a pregnancy was possible. She simply removed the IUD, which caused the fetuses membrane to rupture.
It was at this point, that the doctor choose to run an ultrasound, something she should have done in the first place, and discovered the IUD had failed to do its job and that Melanie was pregnant.
Steps were taken to try to save the baby, when Melanie refused to have an abortion, despite being warned that the punctured membrane made it a very high risk pregnancy. It didn’t take long before Melanie developed neonatal sepsis as a result of the ruptured membraned, giving attending physicians no choice but to induce labor.
The attending neo-natal staff did everything they could, but they were unable to save the life of the tiny infant.
When the case went to court, De Cholnoky’s legal team mounted the defense that since the girl was so premature, she shouldn’t be considered human, and therefore no legal death took place. Judge Michael Kamp who oversaw the case, didn’t agree. The child was alive at birth and therefore considered legally human, he was backed up by the fact that no law had been established in Connecticut stating that a fetus had to reach a specific stage of development before being considered alive. His decision was backed up by the Connecticut Supreme Court.
It would be nice to think that this type of wrongful death was a onetime death. Sadly it’s not. A medical malpractice attorney Tampa will tell you they hear about this type of tragedy all the time. A report compiled by the Institute of Medicine revealed the staggering discovery that as a result of medical errors similar to the one De Cholnoky made result in approximately 98,000 wrongful deaths in the United States.
If someone you love has been the victim of a poorly performed surgery or been given wrong medications, you’re best course of action is contacting a medical malpractice attorney Tampa and discussing the situation with them. The medical malpractice attorney Tampa will review the details of your case and offer you advice about the steps you can take to make sure no one else suffers the way you have.