Baby stillborn due to placental abruption, doctor prevails – Defense Verdict

This lawsuit was brought by a patient who presented to the hospital in the early morning hours of Dec. 24, 2014. The patient was 33 weeks pregnant and complaining of severe abdominal pain and continuous contractions. However, no contractions were found by the nursing staff, the patient’s abdomen was soft and non-tender, and the patient had no vaginal bleeding. The patient was examined by the nursing staff and then her symptoms were reported to the on-call OB/GYN physician.

The on-call OB/GYN physician received the telephone call from the nursing staff and then gave various orders for the patient, including a STAT ultrasound. The patient was not taken to have the ultrasound until roughly one hour after the initial call to the physician. When the patient returned from the ultrasound, her abdomen had become rigid and the nursing staff again called the on-call OB/GYN physician to inform him of the condition of the patient.

After the second call, the on-call OB/GYN physician came to the hospital, examined the patient, and ultimately performed a Caesarean section; however, the patient’s baby was stillborn. The results of the ultrasound were not returned until approximately 15 minutes after the crash C-section was performed and showed a large placental abruption.

The plaintiff alleged that the on-call OB/GYN physician failed to appreciate the seriousness of her condition when he was first notified and based on her presenting symptoms, that he should have come to the hospital to evaluate her. Plaintiff also alleged that if the on-call physician had come to the hospital after the initial phone call, he would have timely diagnosed her with a placental abruption, performed the C-section sooner, and her baby would have survived.

Plaintiff’s expert, Albert J. Phillips, M.D., testified that the patient’s initial presentation indicated that she was suffering from a medical emergency. He testified that the patient’s report of severe pain and contractions should have prompted the on-call OB/GYN physician to come evaluate the patient. He further testified that once the physician arrived at the hospital, he further delayed in performing the emergency C-section and that was also a proximate cause of the fetal death.

Defense experts, Malcolm Howell, M.D. and Marion Bissell, M.D., countered that the pain that the patient was suffering from, was not unusual for a pregnant patient and that the patient was initially not exhibiting signs of a medical emergency or a placental abruption. Further, pain alone is not enough to require an on-call physician to personally evaluate the patient when taken in conjunction with the patient’s other re-assuring, symptoms. Defense experts further testified that the orders that the on-call OB/GYN physician gave after the initial call were completely appropriate and his actions after arriving at the hospital fully complied with the standard of care.

After a three-day trial, and deliberation by a jury for less than two hours, the jury returned a verdict in favor of the defendant on-call OB/GYN physician.

[18-T-047]

Type of action: Medical Malpractice

Injuries alleged: Wrongful death from alleged failure of on-call OB/GYN physician to timely evaluate patient, and promptly deliver her baby, ultimately causing the stillbirth of her baby.

Court: Chesapeake Circuit Court

Tried before: Jury

Name of judge: Judge John W. Brown

Date resolved: April 18, 2018

Demand: Ad damnum was $3,000,000.00

Verdict or settlement: Defense Verdict

Attorneys for defendant: Rodney S. Dillman and Brett M. Saunders, Virginia Beach

Plaintiff’s experts: Albert J. Phillips, M.D. (OB/GYN)

Defendant’s experts: Malcolm Howell, M.D. (OB/GYN); Marion Bissell, M.D. (OB/GYN)

Insurance carrier: The Doctors Company