Warning: This story contains graphic details and may be unsuitable for some readers.
One of life’s greatest gifts is the ability to have a child. While for some couples it is relatively effortless, other couples will endure extensive measures to be blessed with such a gift.
A St. Louis couple, Arteisha and Travis, used in-vitro fertilization to become pregnant, but the unborn baby developed renal abnormalities resulting in an enlarged abdomen. Therefore, Arteisha was treating with a doctor from Midwest Maternal – Fetal Medicine, a group of physicians specializing in high-risk births.
According to the lawsuit, Arteisha’s doctor recommended a cesarean section to safely deliver the baby. However, when presented to Mercy Hospital, her doctor was unavailable and a different doctor from the same group refused to perform a cesarean.
Horrifically, the lawsuit claims the baby’s enlarged stomach caused him to become stuck in the birth canal, and the doctor pulled on the baby with such force to separate the baby’s head from his spine.
The lawsuit further states the doctor then performed an emergency cesarean section, and completely removed the baby’s head from his body. Furthermore, the doctor returned with the deceased infant allegedly attempting to conceal the horrific error with gauze wrapped around the baby’s neck.
Medical Negligence & Malpractice
While medical errors happen, the preventable errors are the most unforgivable. Assuming the allegations are true, there seem to have been a very reasonable alternative to a forced vaginal birth. In fact, the cesarean section was apparently the recommended method of treatment by Arteisha’s treating physician in the group.
The available alternatives may be evidence the doctor’s treatment was below the standard of care, but his explanation for his treatment will determine whether he was negligent, which is the most important of the three elements of a medical malpractice action. It is difficult to fathom a compelling reason for using such force, but we all have constitutional right to a trial by jury.
Protecting Our Children’s Children
Birth injuries are not uncommon. If you suspect your physician failed to detect or treat a high risk pregnancy resulting in your child’s birth injury, you are well within your rights to seek advice regarding your legal remedies. As a society, we have an obligation to hold others accountable to maintain or raise our standards of safety within the community.
If you have been a victim of medical negligence or malpractice, or if you have a claim for wrongful death for the loss of a family member, please contact the Lieser Law Firm, LLC at 314-862-7805 to discuss your claim.
Together we can raise awareness.