Mother delivers child's head
- I'd like to get your opinions on this case. Money donated to Schiff liver
center or Lionel Tate's education fund (whichever you choose).. $5 per opinion.
thanks in advance
Nicole became pregnant with her 8th pregnancy. She had a
history of three elective abortions, three miscarriages and one live birth
at 35 weeks who went on to become a healthy and well developed little boy.
This delivery was with her third pregnancy. Following her third pregnancy,
she developed fibroid tumors and after one abortion and three miscarriages,
she underwent a uterine myomectomy (removal of tumors) to improve her
ability to conceive and carry a child to term. Within 8 months following
the myomectomy, Nicole became pregnant with Brandon in July, 2003. This was
her eighth pregnancy.
Dr. Geraldo Soto was the physician in charge of this high risk
pregnancy. Dr. Soto was engaged in a coverage arrangement which
resulted in several different obstetricians becoming involved in the care of
Nicole and her child. On December 3, 2003, the pregnancy had progressed to
five months and fearing she was entering premature labor, Nicole, after
notifying Dr. Soto's office, presented to the Southside Hospital
Women's Center where she was received as the patient of Dr. Soto, was
examined and was seen by Dr. Gold who ordered a fetal fibronectin test.
A fetal fibronectin test is designed to identify premature labor. She was
discharged with instructions to follow up with Dr. Soto for the results
of the fetal fibronectin test.
Even though Nicole contacted Dr. Soto, he did not examine her
nor did he seek to examine her. Dr. Soto advised her the fetal
fibronectin test was negative when in fact it was positive. He further
instructed her that she could travel and needed to take no special
precautions at all to protect herself or her child.
In the early morning hours of November 28, 2003, she again felt that
she was in premature labor and returned to Southside Hospital Women's Center
where she was again admitted as Dr. Soto's patient, but her child died
sometime on November 9, 2003 without having ever been evaluated by Dr.
Soto. Dr. Bank became the attending physician for Nicole and
Brandon due to his coverage arrangement with Dr. Soto. Upon attempting
a vaginal examination of Nicole, he felt the legs of her child and without
notice or warning attempted to extract the child from her womb. Dr. Bank
employed such force that he literally tore Brandon's body from his head
delivering only his body leaving his head within her womb. After waiting
several hours for delivery of the head without success, Dr. Bank took
Nicole to the operating room where he evacuated some of the products of
conception with a vacuum cannula. After using the cannula, he claims in his
dictated operative note that he used forceps to remove Brandon's head and
that "this was done without difficulty." Dr. Bank did not perform an
ultrasound. The products of conception were sent to pathology and no head
The next day, on December 1, 2003, Dr. Bank discharged Nicole
home. On December 1, 2003, Nicole experienced a painful sensation when
attempting to go to the bathroom and moments later became horrified when she
discovered she had delivered her child's head in the toilet. There is no
question that she delivered the head. There are photographs and a video
confirming this. She continues to suffer severe emotional distress and
mental anguish as result of this experience.
Nicole has filed a lawsuit against Dr. Soto for the
wrongful death of her child. She contends that Dr. Soto should have
personally examined her prior to November 28, 2003, and following her
presentation to the hospital on given her history, present
complaints and the positive results of the fetal fibronectin test. She
further contends that had Dr. Soto examined her, the standard of care
would have required interventions to prevent preterm labor such as bed rest,
tocolytics, or cerclage and that this failure caused the premature death of
Nicole also filed suit against Dr. Bank for separating her
child's body from his head and for failing to retrieve his head before
discharging her which resulting in her delivering his head in the toilet at
home. She claims this experience has caused her great emotional torment and
mental anguish. She seeks to recover money damages for wrongful death and
for her emotional pain and suffering.
1) What bias or prejudice will Nicole face for her abortions?
2) What is the full monetary value of the life of a 19-20 week old
3) Is Nicole is entitled to recover money for her child's death?
4) Is she entitled to recover for her mental pain and suffering?
5) What amount of money will fairly compensate her for the experience
after her child died where the doctor pulled the child apart, failed to
retrieve his head and sent her home to deliver her child's head in the
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- It sounds like Nicole has a very good malpractice suit, not only against Dr.
Soto but everyone involved in her pregnancy including the Hospital Dr. Soto
works for. As far as the bias against Nicole for prior abortions, with a
good attorney he/she should be able to keep that out of court as "irrelevance".
Did the fibroid tumors cause or have any thing to do with her
misscarriages?. I don't know what state this occured in, but the state of California has
recently changed the law and placed a $250.000 cap on wrongful death suits. I
know you say a video tape and photographs were taken, but what happened to the
baby's head after it was delivered in the toilet? I believe this is a key
piece of evidence of shown to a jury. I hope Nicole gets every dollar she
deserves, however she will need extensive mental and physical treatment. I hope I
was able to help.
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