Jimenez, on behalf of her son, sued the owner of the hospital, Northeastern Pennsylvania Health Corp. Jimenez alleged that the defendants failed in their standard of care toward Giovannie. She further alleged that their failure constituted medical malpractice….law.com, Baby’s Death Due to Placental Injury, Not Negligence, 2021
Jimenez sought to recover $700,000 to $1.5 million in future lost earnings. She further sought damages under the Wrongful Death and Survival acts.
On Jan. 20, 2015, at 7:45 p.m., Jimenez was admitted to the hospital. She was in labor and was connected to a fetal heart monitor.
At 9:18 p.m., a nurse contacted Loshakov. At 10:07 p.m., Loshakov ordered a standard cesarean section. At 11:40 p.m., Giovannie was born; he was listless with a slowed heart rate and an Apgar score of 1. The baby was intubated. For the next hour, resuscitation efforts were attempted, but they were ultimately unsuccessful in saving the baby’s life.
The defense’s expert in placental pathology opined that the baby died from meconium aspiration, the result of meconium accumulating in the baby’s lungs prior to birth.
The jury found that the labor and delivery nurse was not negligent; therefore, there was no negligence on the part of the hospital.