Final Verdict: Delay Not Malpractice

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Final Verdict: Delay Not Malpractice

Pregnancy and childbirth are some of the most dangerous conditions commonly experienced by women in the United States. Despite medical advances, they still represent a period of time with high risks and a significant propensity to complications. The maternal mortality rate in the United States is much higher than that in most developed countries, further complicating matters.Final Verdict: Delay Not Malpractice

Obstetricians go to great lengths to carefully identify and avoid possible complications during pregnancy, discussing risk factors and gaining a clear picture of each patient’s medical history. An experienced doctor will ask important questions that will help determine whether a particular expectant mother is more or less likely to experience any given challenge during the pregnancy. Early and effective communication is critical in ensuring good outcomes.

However, despite the best efforts of physicians, some complications are simply unavoidable. The best thing any physician can do is be clear and honest about the risks and instruct their patients to be on the alert for any impending problem.

Jasmine Knight, a 24-year-old expectant mother from Chesapeake City in Virginia, was 33 weeks pregnant when she began experiencing abdominal pain and strong uterine contractions. She went to the Chesapeake Regional Medical Center, concerned that something might be wrong. The physician on call, Dr. Lawrence Bass, was not at the hospital but told the nursing staff to perform an ultrasound. One to two hours later, Bass arrived at the hospital and performed a delivery by Cesarean section. Tragically, Jasmine’s child was stillborn.

The Cesarean section revealed that Jasmine had suffered a placental abruption: the premature separation of the placenta from the wall of the uterus. This emergency condition had cut off the blood and oxygen supply to the fetus, resulting in its death. Jasmine sued the hospital and Dr. Bass, claiming that the delay in receiving the C-section had caused the death of her child, and that the child could have been born alive if they had acted more quickly. She demanded $3 million for wrongful death, medical malpractice, delay in treatment, and mental and psychological pain. 

During the three-day trial, experts hired by Jasmine’s attorneys testified that her appearance at the hospital was consistent with a placental abruption and should have been treated as the medical emergency it was. If Bass had come to the hospital immediately, they explained, the chance of survival would have been much better.

However, obstetrics experts who spoke to the jury on behalf of Dr. Bass argued that the symptoms were not uncommon in a first pregnancy. Neither the nursing staff nor Dr. Bass had any indication that Jasmine was experiencing a placental abruption. Accordingly, they didn’t depart from the ordinary standard of care. Even if Dr. Bass had come immediately, there probably would not have been a different outcome. The experts also noted that the Cesarean was performed within 15 minutes of Dr. Bass arriving at the hospital.

The jury understood Jasmine’s position and the pain she experienced from the loss of her child, but ultimately determined that there had been no medical malpractice committed. Accordingly, they returned a verdict for the defense after just two hours of deliberation. Call an attorney like Cohen & Cohen if you have questions about your situation.

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L Proctor
August 30, 2022.
My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Wayne Cohen and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
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June 3, 2022.
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May 25, 2022.
COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
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I had a great experience with the team at Cohen & Cohen. From my intake attorney, Adam, to the paralegal, Bryan, who worked with me regularly for months to document and prepare my case, to Jill, the attorney who secured my settlement, I feel fortunate to have had their representation and expertise on my side.
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