More details to this question:
I Have type 2 diabetes which i had since i was about 15 years old. And I was recently pergnant, I was seeing a doctor at brookdale for prenatal care. He changed my insulin weeks later my sugar went so low I had a seizure. Which has never happen to me before the ambulance was called i went to brookldale hospital where they gave me a sugar shot and check my sugar they never checked on my baby. i asked the doctor shouldnt he check the baby he said no the baby should be fine. he released me from the hospital with in about 2 to 3 hours of me being there. this was sunday the 27th of jan. i went for my normal check on monday the 28th which was the next day and the nurse said she could not hear my baby heart beat. she sent me to get a sonogram and agin no heart beat. they ask me what i wanted to do do get the baby out at this point my baby was dead.
2 ANSWERS
Natasha,
First of all let me tell you how sorry I am to hear about your ordeal and I wish you and your family the strength during this difficult time.
Believe it or not I have had this question come up before and I hope the following answer gives you some assistance.
First of all, one thing that you need to understand is that since your child was not born yet, you are not able to bring what's called a wrongful death lawsuit on behalf of your child due to the fact that your unborn child was still a fetus when the malpractice occurred.
Therefore, the question becomes whether YOU as the expectant mother are entitled to bring a lawsuit against the doctors/hospital whose malpractice you believe caused the death of your unborn child.
If the decrease in insulin was a departure from the standard of care causing you to have seizures and the death of your baby then you may have a valid claim for the emotional injuries you have sustained resulting from the death of your child.
In addition, if as a result of the malpractice you sustained a physical injury, such as the seizures or any complications you yourself have had as a result of the loss of your child, those physical injuries can also be part of the damages you seek compensation for in your lawsuit.
If you would like to speak about your case you can reach me directly at my office at 718-823-3122 or check out my firm's website at www.jamesnewmanlaw.com
James Newman
Answered on Feb 11th, 2013 at 4:25 PM
Birth Injury Attorney serving Kingston, NY
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Shafran & Rock P.L.L.C.
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If the change in your insulin was a departure from the accepted standard of care and it caused you to have the seizure and caused the death of the baby, then you have a valid claim for the emotional injury resulting from the death of the baby as well as any harm/injury that you may have sustained. The law expanded a few years ago to permit the emotional injury claim under these circumstances.
Charles Rock
Answered on Feb 11th, 2013 at 4:22 PM