Case details

Doctor: Decision to terminate pregnancy was appropriate

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On May 29, 2010, plaintiff Patricia Rico, 36, a sales account representative, presented to the emergency department of Presbyterian Intercommunity Hospital in Whittier with complaints of lower abdominal pain with prior vaginal spotting. Her pregnancy test was positive, her Beta hormone level was around 200 milli-international units per milliliter (mIU/ml), and a pelvic ultrasound showed mild thickening of the endometrium and a 1.5-centimeter cyst on the right ovary. Rico later returned to the hospital on June 4, 2010, when another ultrasound was performed, which revealed a 5-millimeter round, fluid collection in the fundus and uterus. Her human chorionic gonadotropin (hCG) hormone level was determined to have risen appropriately to over 2,500 mIU/ml and she was subsequently told to follow up religiously in two days to have her hormone levels rechecked. Rico claimed that once again, the right ovarian cyst was seen on ultrasound and she was told that everything was normal. On June 7, 2010, Rico presented to Bright Health Physicians, medical group offices located near the hospital, to have her hormone levels checked. Dr. John Sanchez, an OB-GYN, subsequently performed another ultrasound, claimed the uterus was empty, and interpreted a double ring structure in the adnexa as a fallopian tube ectopic pregnancy. Sanchez then told Rico that she needed to have an immediate injection of methotrexate to terminate the pregnancy otherwise her life was at risk. The injection was performed by a nurse at Bright Health Physicians, Yazmin Flores. After the injection, Rico’s hormone level was checked and it was found to have risen appropriately to over 6,000 mIU/ml. Rico returned to Bright Health Physicians on June 14, 2010, and was seen by Dr. Joy Leong, who performed another ultrasound that showed an empty uterus. However, when another hormone level was taken, it was found to be 13,232 mIU/ml, indicating the pregnancy was advancing. Sanchez learned of the test results and called Rico to tell her she needed immediate laparoscopic surgery, including a dilation and curettage (D&C), to remove what he still believed was an ectopic pregnancy developing outside the uterus. On June 17, 2010, Rico went to the emergency room at Hoag Community Hospital, and an ultrasound taken showed a single 12-millimeter gestational sac within the uterus. A yoke sac was visualized and a small embryo was present without embryonic cardiac activity. Rico then went under the care of Dr. Morris Ahdoot, an OB-GYN who assessed the death of the fetus, and, with Rico’s informed consent, appropriately performed a D&C to remove the remains of the fetus that been destroyed by the methotrexate. Rico sued Sanchez, Leong, and Bright Health Physicians. Rico alleged that the defendants were negligent in misdiagnosing her viable pregnancy, leading to the loss of her unborn baby, and that this negligence constituted medical malpractice. During discovery, Leong, and Bright Health Physicians moved for summary judgment, which Rico did not oppose, and the motions were granted. Thus, the matter proceeded to trial against Sanchez only. Rico claimed Sanchez misread her ultrasound as showing an ectopic pregnancy, while in fact she had a normal intrauterine pregnancy with an ovarian cyst. She also claimed Sanchez failed to wait for her hormone reading, which would have alerted him to his misreading of the ultrasound. The plaintiff’s medical experts contended that Sanchez’s negligent care and treatment fell below the standard of care, causing the unnecessary and untimely termination of Rico’s desired intrauterine pregnancy. Plaintiff’s counsel contended that Sanchez misread the ultrasound by interpreting the right ovarian cyst as a double ring structure in the fallopian tube, which Sanchez thought was an ectopic pregnancy, and by finding no evidence of a gestational sac in the uterus, even though a sac could clearly be seen on the ultrasound at the hospital three days earlier and a larger sac could be seen on the ultrasound performed on June 7, 2010. Thus, plaintiff’s counsel argued that Sanchez was negligent for failing to see the fluid collection within the uterus that was present in the other hospitals’ images before and after Rico saw him. Counsel also argued that had Sanchez waited for the hormone reading, he would have been alerted to his interpretation of the ultrasound being incorrect. Counsel argued that as a result, Sanchez should have waited for the results of Rico’s hormone reading on June 7, 2010, rather than scaring Rico into terminating her pregnancy. However, plaintiff’s counsel contended that as a result of the misreading, Sanchez ordered an immediate injection of methotrexate, claiming Rico’s life was at risk, when, in fact, she was in no danger. Sanchez claimed that his care and treatment of Rico met the standard of care, and that no substandard act or omission on his part resulted in the loss of her pregnancy. Specifically, Sanchez’s OB-GYN and obstetrical radiology experts testified that on May 29, 2010, and June 4, 2010, Rico had already undergone two ultrasounds, which were not able to confirm an intrauterine pregnancy. In regards to Rico’s human chorionic gonadotropin (hCG) hormone testing on June 4, 2010, Sanchez claimed a patient with an hCG level over 2,000 mIU/ml should show sonographic evidence of an intrauterine pregnancy if the pregnancy is developing normally; if not, the OB-GYN has to consider a non-viable intrauterine pregnancy or an ectopic pregnancy. Sanchez further claimed Rico’s complaints of vaginal bleeding prior to June 7, 2010, as well as ongoing right lower quadrant abdominal pain, which resulted in two emergency department presentations, led the attending physician’s assistant and emergency physician on those occasions to be concerned about a possible ectopic pregnancy. He also claimed that when he reasonably performed and interpreted the ultrasound on June 7, 2010, he did not visualize a gestational sac in the uterus, which would be consistent with an intrauterine pregnancy, and he observed a double ring-like structure in the right adnexal, which was suggestive of an ectopic pregnancy. Thus, Sanchez claimed that given the hCG level from June 4, 2010, the absence of sonographic evidence of an intrauterine pregnancy, the double-ring-like structure seen in the right adnexa, and Rico’s ongoing complaint of lower abdominal pain, he reasonably concluded that Rico had an ectopic pregnancy. He alleged that as a result, he reasonably ordered the administration of the correct dosage of methotrexate on June 7, 2010, to terminate the pregnancy, as well as additional hCG testing to confirm its effects on the pregnancy. In addition, Sanchez claimed that given the hCG level on June 4, 2010, and the absence of sonographic evidence of an intrauterine pregnancy, Rico’s pregnancy was most likely not viable in any event., Rico claimed she continues to experience severe emotional distress due to the loss of her child. Specifically, she claimed that she is depressed and struggles to cope with the loss on a daily basis. She also claimed she cries constantly, has trouble communicating with her family, and has lost all faith and trust in the medical profession. In addition, Rico claimed she harbors guilt for agreeing to terminate her pregnancy and is currently under the care of a psychologist. Rico waived her claim for economic damages at trial, and sought recovery of non-economic damages for her past and future pain and suffering.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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