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Thursday, Dec. 31, 2009 | 10:45 a.m.
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- Woman sues University Medical Center over baby’s death (12-23-2009)
- UMC suspends 6 staff members pending investigation (12-11-2009)
A Las Vegas-area woman gave birth to a premature baby who died after University Medical Center failed to properly screen and treat the woman while she was in labor, a federal lawsuit filed Wednesday charges.
The suit, filed in behalf of Latricia Richard, is the second such suit to be filed against the hospital by attorney Jacob Hafter since Dec. 23.
On Dec. 23, he sued UMC and Valley Hospital in behalf of Roshunda Abney, who alleges she didn't know she was pregnant but was in extreme pain and went more than five hours without treatment while in labor in UMC's emergency room, and then lost her baby.
After six hours at the hospital the evening of Nov. 30, UMC employees told Abney and her fiance that Abney was not going to be helped anytime soon, so they left and went to Valley Hospital & Medical Center, that lawsuit alleges. There, they allege, an employee was rude to them, giving them the impression that they would not receive care there either, the lawsuit said.
The couple went home, where Abney gave birth to Angel Dewberry, who died.
That lawsuit alleges that UMC and Valley violated the federal Emergency Medical Treatment and Active Labor Act, which requires facilities to provide emergency treatment without concern for a patient’s ability to pay.
UMC has declined comment on the cases while Valley Hospital has denied the allegations.
The new lawsuit says Richard knew she was pregnant and went to UMC's emergency department complaining of labor pains Dec. 8. She was placed in a room in the labor and delivery department and placed on an external fetal monitor, the suit says.
"She was never seen by a physician or any advanced nursing personnel. Her cervix was never checked for dilation," the suit alleges.
"She was given a sleeping aid and sent home. A few hours later, she went to her private medical doctor who checked her cervix and discovered that she was dilated and was in active labor. He sent her via ambulance to UMC, where she delivered her premature baby, who died," charges the lawsuit, which also alleges violations of the Emergency Medical Treatment and Active Labor Act (EMTALA).
"Ms. Richard, and her unborn fetus, went to two hospital emergency departments requesting care for a medical emergency, in that she was in active labor, and she was not provided screening or treatment as required under EMTALA," the suit charges.
Of course Latricia has no insurance but not wants a pay day.
If the Abney lady didn't know she was pregnant it would not fall under the EMTALA because the charge nurse would have thought it was just stomach pains which usually aren't fatal or an emergency. The Richardson lady should have called her primary Dr in the first place and he would have come to the hospital and had her admitted. Obviously she didn't feel it was that important or she would have called him. And yes, they are both looking for a payday!! Thank godness the state legislature set medical malpractice limits so they won't get too rich off of a situation they both helped create. I am very saddened over the loss of the too innocet children.
Peacekeeper--clearly you don't know what you're talking about. Patients often don't know what their problem is--or think they have one problem when in fact they have another. It is expected when you go to an ER that the ER screen patients and identify life-threatening situations even if the patient is not aware it is life threatening. Second,patients are often referred to emergency rooms by their primary doctor when the doctor is not in their office but the doctor thinks they need to be seen.
I just don't understand how this woman can sue. She didn't even know she was pregnant herself. How does she expect the ER to know? The loss of a child is hard, I know this from personal experience. In this situation, you cannot sit around and point fingers. Stop trying to get rich.
I sat in an ER in Arizona (Tempe) when I was having a miscarriage. I didn't get a room for a good hour or two. Do patient's in the ER honestly think there thousands of rooms and doctors to see them right at that moment? It was so painful to sit in that ER, in pain & in tears, while you know you are losing your child.... but you can't go sue happy on someone because the ER was obviously busy.
I went to an emergency room in las vegas. While in the waiting room I attempted to walk to the restroom, passed out collapsed on the floor and all they did was put me in a wheelchair and wheel me back to the waiting room to wait my turn.
I'm beginning to think Jacob Hafter, Esq. is some kind of overzealous ambulance chasing hack who has an axe to grind with UMC. It's unfortunate these ladies are not educated enough to know when someone is trying to use them as a pawn in his little game.
I say continue to try your lawsuits in the media, Jake and eventually everyone will stop listening. Hoping for more accountability and personal responsibility in 2010 on everyone's part for the sake of this country and humanity as a whole.
Peace!
IM not pregnant,, Im fat and now I want UMC to pay for me not being pregnant,,I mean fat.. Lets throw Valley Hospital in this to so we can live off all that money we gonna make...Hello,, sorry mamm you just missed the last boat leaving Idiot Island...What is up with these wackos......
I don't think any of us can really comment too strongly on this case as we do not know all the fine details of the situation. I have had unusually fine care by a couple hospitals and some unbelievably poor treatment by others. Hopefully the facts in this case will bring out the truths and if the care givers were in fault they be exposed and dealt with accordingly. Too often these days healthcare providers and especially healthcare insurers treat it as a business only and this has to stop. If they are in fault, go for the jugler.