Woman Files Wrongful Death Suit Against Charleston Hospital
A woman has brought a lawsuit against her obstetrician, Dr. Leila Sakhai, and FemCare PLLC, a company for whom Dr. Sakhai worked, for the death of her infant daughter. The mother, Meaghan Bogacz, was admitted to Charleston Area Medical Center Women and Children’s Hospital when she was in labor. Dr. Sakhai was Ms. Bogacz’s obstetrician, and was there to admit Ms. Bogacz. During labor, the infant’s heart rate indicated distress. Dr. Sakhai elected to use a vacuum device to deliver the fetus instead of a cesarean section. After being delivered, the infant was lethargic, breathing heavily, and pale. She was admitted to the NICU. The infant had a “subgaleal hematoma,” which is essentially bleeding under the infant’s scalp, and which Ms. Bogacz alleges caused the baby to go into shock. After spending five days on life support, the baby died, allegedly as a result of the hemorrhaging beneath her scalp. Ms. Bogacz is now suing the doctor and facility for the infant’s pain and suffering, caused by the doctor failing to exercise an appropriate standard of care in delivering the infant, as well as compensation for her medical costs.
A health care provider or facility can be held responsible for a death when: 1) the care provided to that patient fails to measure up to the amount of care required by the law; 2) that failure is the cause of the patient’s death; 3) and the patient would have had a chance of recovering if the practitioner had exercised the right amount of care. West Virginia’s law covering medical malpractice claims requires that a health care provider issues a degree of “care, skill and learning required or expected of a reasonable, prudent health care provider” under the given circumstances. In the case of Ms. Bogacz, her attorneys will presumably try to prove that a reasonable doctor would not have chosen to use a vacuum device to deliver the baby, because a reasonable and prudent doctor would know that it could cause undue harm. The type of hematoma the baby experienced is most often caused by the use of a vacuum device during delivery. In order to succeed on a malpractice claim, the plaintiff’s attorneys must prove that using the vacuum device caused the hematoma, that the hematoma led to the infant’s death, and that the baby would have had a greater than 25% chance of surviving had Dr. Sakhai delivered the infant by cesarean section instead of by vacuum extraction.
If you or a loved one have experienced injury or death resulting from a doctor’s error, seek legal help to learn whether you may be compensated for your loss and expenses. Contact a West Virginia personal injury and medical malpractice attorney at the Bayless Law Firm for a free consultation regarding your claims at 800-359-2356.