Case details

Doctors denied improper prenatal treatment of patient

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Dec. 22, 2009, plaintiff Andrea Wallace, 22, a student who was six-weeks pregnant, presented to the Lancaster office of Dr. Samy Farid, an ob-gyn, for her first obstetrical care and treatment. Wallace was evaluated by a medical assistant and had orders made for regular prenatal labs. Farid claimed that a follow-up visit was scheduled for Dec. 28, 2009, and then rescheduled for Jan. 4, 2010, but that Wallace did not show up on that date. On Jan. 8, 2010, Wallace treated with Dr. Maryam Ardalan, another ob-gyn, which constituted as Ardalan’s sole interaction with the patient. After reviewing Wallace’s chart and noting the presence of e-coli bacteria in the patient’s urinalysis, Ardalan wrote a prescription for Macrobid antibiotics. During the visit, Wallace informed the physician that she had two uteri and two cervixes. Ardalan claimed that since she was unsure whether or not the patient had a bicornuate uterus or uterine didelphys, she ordered an ultrasound study for Jan. 11, 2010, to confirm the uterine abnormality, as well as establish the gestational age of the fetus. The physician also performed a pap smear on both cervixes, which had pathology reports that came back as normal with slightly obscuring inflammation on the right cervix. On Jan. 11, 2010, Wallace returned to Farid’s office to undergo an abdominal ultrasound, and the results were subsequently provided in a summarized fashion to Ardalan. Although Ardalan was unsure what date she received the document, the summary of the information found within the worksheet indicated that the patient had an amniotic fluid index of 25, which Ardalan described as normal. Wallace claimed that she noticed vaginal discharge, as well as significantly decreased fetal movement, during the afternoon hours of Jan. 13, 2010. However, she did not report this information to anyone other than her mother. During the next day’s early morning hours, Wallace complained of significant abdominal pain and contacted an ambulance, but her membranes ruptured as the ambulance arrived at her home. She was subsequently taken to Antelope Valley Hospital, where she was evaluated by Dr. Edwin Ramirez, and a stillbirth occurred later that day. Placental pathology reports indicated the presence of chorioamnionitis (acute) and discussed evidence of a placental abruption, although a specific diagnosis of placental abruption was not made. Wallace sued Ardalan, Farid, and Farid’s office, Samy F. Farid, M.D. Inc. She alleged that the defendants were negligent in the prenatal care they provided and that this negligence constituted medical malpractice. She also originally had a claim for the wrongful death of the stillborn fetus, but the claim was struck from the complaint on a demurrer filed by the defendants. As a result, the plaintiff went to trial only on the issues of non-economic damages. Plaintiff’s counsel argued that Farid’s office failed to timely communicate with Wallace the fact that her amniotic fluid index was high normal, since an amniotic fluid index of greater than 25 is considered high, and that she had the presence of bacteria in her urine. With regard to Ardalan, the plaintiff’s ob-gyn expert testified that the physician failed to recognize the presence of bacteria in the patient’s urine and treat it in a timely fashion. The expert also testified that Ardalan failed to timely treat the patient’s high normal amniotic fluid index and failed to complete a full physical examination of the patient upon her sole visit with Ardalan. Farid admitted to never seeing Wallace in an individual capacity, and noted that the plaintiff’s liability arguments against him were based upon his status as the owner of his medical corporate entity. As a result, Farid claimed that his office procedures and policies were reasonable, and did not cause any type of harm to Wallace or cause her to have a stillbirth. Ardalan claimed that she performed a physical examination of Wallace during the visit on Jan. 8, 2010, and charted that the patient was negative for pre-term labor signs and symptoms. She also claimed that during that visit, she provided Wallace with a pre-term labor set of precautions, including instructions to call Farid’s clinic or present to a hospital immediately if Wallace noticed any leaking of fluid, vaginal bleeding, uterine contractions, or lack of fetal movement. Ardalan further claimed that, in conjunction with evaluating the plaintiff’s bacteriuria, she asked Wallace whether or not she had any symptoms of a urinary tract infection, including urgency, frequency or burning sensations. Ardalan alleged that Wallace denied these symptoms, and as such, she determined that Wallace must have had asymptomatic bacteriuria., Wallace admittedly had no actual physical and sought recovery of damages for her emotional distress only. She claimed that she had previously had a healthy baby girl and wanted to have one more child, that being a boy. She alleged that when she found out that she was going to have a boy, she was overjoyed, but that this was quickly changed once the stillbirth happened. Thus, Wallace sought recovery of an unspecified amount in damages for her emotional distress pain and suffering.
COURT
Superior Court of Los Angeles County, Lancaster, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case