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Mother Files Lawsuit After Death of Baby

MedMal23

An Ohio mother has filed a medical malpractice lawsuit against ProMedica, a ProMedica doctor, and a number of ProMedica facilities. She says that ProMedica failed to provide adequate care and this directly led to the death of her newborn son.

The lawsuit was filed against gynecologist Dr. Dayna Mohammadione, the ProMedica Toledo Hospital, ProMedica Physicians Obstetrics, and ProMedica Physician Group. The lawsuit contends that the child died August 14th of 2019. The complaint was filed on January 19th.

What Happened? 

According to the complaint, the plaintiff was a patient of Dr. Dayna Mohammadione. The lawsuit contends that Mohammadione was negligent and failed to monitor the mother’s condition or deliver the baby in a timely manner. This ultimately led to the baby being oxygen starved in utero.

The mother is suing for out-of-pocket costs related to the child’s funeral expenses which are estimated at around $10,000. She is also suing for the emotional damage endured by herself and other parties for the loss of the child. The wrongful death lawsuit will attempt to recover damages related to emotional pain and suffering, out of pocket expenses related to medical bills, and the cost of the child’s funeral.

Not the First Medical Malpractice Case Against This Doctor 

This is not the first time that Dr. Dayna Mohammadione has been sued for medical malpractice. In January of 2015, Mohammadione allegedly told another patient that she did not need to go to the hospital. This patient ended up suffering a stroke, although, her baby was delivered healthy. The mother suffered severe cognitive, physical, and emotional injuries that she must now live with for the rest of her life. She was awarded $10.9 million.

In that lawsuit, the plaintiff was 26 weeks pregnant but began suffering severe abdominal pain coupled with an excruciating headache. She called the hospital and Mohammadione was on-call at the time, but not her primary OB/GYN. Mohammadione told her that she could ride out the storm until passed and the woman ended up suffering a stroke the next day.

Will the Plaintiff Win This Case? 

It is hard to say. Just because there is an adverse medical reaction does not mean that the doctor is necessarily to blame for the outcome. The law requires plaintiffs to prove that the doctor committed some form of negligence and in order to establish this fact, the plaintiff must prove that the doctor either did something or failed to do something that would have been proper or established practice. This is accomplished through the use of expert witnesses who testify on behalf of the plaintiffs. The doctor discusses what established medical practice would be for that situation and then talks about how the doctor deviated from established practice. If the plaintiffs can establish that Mohammadione did not comply with the prevailing standard of care, they could be successful in their lawsuit.

Talk to a St. Petersburg Medical Malpractice Attorney Today 

If you’ve been injured by a medical error, the St. Petersburg medical malpractice attorneys at Masterson, Hoag & Smith can file a lawsuit against the doctor and recover damages related to your injuries. Call today for a free consultation.

Resource:

toledoblade.com/local/courts/2020/03/03/mother-files-medical-malpractice-lawsuit-against-promedica-physician/stories/20200303130

https://www.mastersonlaw.com/medical-malpractice-crisis-lawsuit-is-dropped/

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