Alabama doctors can be sued for death of unborn, pre-viable child

23.05.12

She returned to the office twice, but each time doctors told her an ultrasound was unnecessary, Hamilton alleges. About a month later, an ultrasound was performed on Hamilton. At that time, a technician said the fetus was smaller than normal. The technician also was concerned about a fold growing on the back of the fetus's neck.

After the ultrasound, Hamilton met with obstetrician-gynecologist Warren Scott, MD, who informed her that the fetus may have hydrops, which was causing the fold, according to the court's ruling. Hamilton asked for a referral to a perinatologist, but that request allegedly was declined, and Hamilton was instructed to wait a few more weeks for the condition to reverse itself. In March 2005, she returned to the medical practice feeling ill. An ultrasound showed that the fetus was not alive. Labor was induced, and she delivered a stillborn boy.

Hamilton sued, claiming that the doctors caused her son's death and she was entitled to damages under the state's wrongful death law. The doctors and Isbell Medical Group denied any wrongdoing. The defendants requested that the case be dismissed because Hamilton did not state a valid claim. A trial court agreed, throwing out the lawsuit, and Hamilton appealed.

Source: American Medical News