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  • Words fail me.

    Couple sues hospital after baby dies

    By John Jarvis
    Gannett News Service


    MARION -- A Reed Avenue couple holds Marion General Hospital and an emergency room physician responsible for their baby falling to the floor and striking her head during delivery.

    Stephanie and Robert J. Oliver Jr. filed a civil lawsuit Thursday against Marion General and Dr. Paul Kelner in Marion County Common Pleas Court. They seek judgment of more than $100,000, punitive damages of more than $25,000, court costs and attorney fees and a jury trial.

    They allege in the suit that on Jan. 25 Stephanie Oliver arrived in the emergency room about 61/2 months pregnant complaining of severe lower abdominal and lower-back pains.

    Kelner failed to diagnose Stephanie Oliver as being in labor, diagnosing her as constipated and ordering an enema, the suit alleges. After the enema, her baby delivered without a doctor and while the mother was standing in a patient room, the couple claims.

    The baby fell about 2 feet, striking her head on the floor and ripping the umbilical cord. The baby suffered severe hemorrhaging in the head and died three days later.

    Todd Neuman, a Columbus attorney for the couple, said the incident is a "case of gross malpractice."

    Susan Loyer, spokeswoman for Marion General, declined comment, saying the hospital had not been served notice of the lawsuit late Thursday afternoon.

    The Olivers contend because of negligence by MGH employees and Kelner, the baby died Jan. 28 and the risk of harm and death to the baby was increased.

    They say MGH and Kelner failed to diagnose her as being in labor, failed to prepare for delivery of Alaina C. Oliver and failed to provide medical care and a sterile environment for delivery. They also say the mother and daughter were not provided with medical care for an "extended period of time immediately after the delivery."

    Because of their actions, the infant suffered severe physical and emotional pain and suffering, and loss of enjoyment of life, and incurred medical and other expenses and damages for which the hospital and Kelner are liable, the suit states.

    The Olivers also say Stephanie Oliver suffered severe emotional distress, and Robert J. Oliver Jr. suffered loss of consortium, love, affection, services and other damages because of the hospital and Kelner.

    Originally published Saturday, December 7, 2002
    "Minds are like parachutes. They only function when they are open." Sir James Dewar 1842-1923

  • #2
    Sounds like pretty good grounds to sue to me if the facts in the article are correct.

    I'm a male, but I think it would be pretty difficult to confuse labor pains with a belly full of poop.

    I know that every time my ex and I went to the hospital while she was expecting one of our child they put on one of those monitors that monitor contractions and did a pelvic.

    Even I could tell she was having contractions by the way her stomach felt. I also learned that at the onset of a contraction to stay out of arms reach so she couldn't grab me by the throat. I think I should have brought ear plugs too. She got a really bad potty mouth and said terribile things to me.
    RADAR is the 8th wonder of the world.


    • #3
      I am the youngest of four children, and I was born two months premature. My father had to travel for his job, and since I wasn't due for another 2 months, he was out of town. My mother had gone to a church supper the night before, and at the very first part of labor, she thought that it was indigestions. Pretty soon, she realized what was happening and called her doctor who told her that it was just indigestion.

      She then told him that she had given birth three times and she knew what labor felt like. He relented and said that he would meet her at the hospital. A friend drove us, and I was almost born in the car on the way. They got to the hospital just in time to deliver me. Of course my father was in his 1970 Chevel with the 454 (I think) opened up all the way trying to make it home in time.

      The point of all of that is tha I wonder how common it is for doctors to tell expecting mothers such things. My mother had given birth three times and was forceful enough to demand action. She also was dealing with her regular doctor. I wonder if this was the couple's first baby and an emergency room doctor.

      In any circumstance, it was tragic, and I don't think that the doctor and hospital will want to face a jury on this one.
      "Integrity is like virginity. Once it's lost, you can't get it back." --drunkhunter


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