Successfully defended a wrongful death and survival action arising from the stillborn death of the plaintiffs’ daughter. Her mother had been a patient of the defendant physician for several pregnancies. During the pregnancy in question, Mom, who had a history of seizure disorder, experienced seizures. Laboratory tests ruled out preeclampsia. She was seen in the defendant’s office where she underwent a non-stress test which was reassuring. After experiencing increasing seizure activity, she was readmitted to the hospital at which time the baby was monitored and was noted to be in good condition. The defendant physician saw her prior to discharge and recommended follow up with neurology. Four days later, she presented to the office with reports of inability to feel fetal movement. An ultrasound revealed a fetal death. |