SAN DIEGO LEGAL NEWS — San Diego Superior Court Judge Steven R. Denton entered formal judgment against Sharp Mary Birch Hospital and two of its doctors in an amount over $16 million in total damages following a nine-week trial where the hospital and two of its physicians were accused of practitioners of medical malpractice, wrongful death and intentional fraud in concealment of the real facts. Following the nine week trial, the jury returned a verdict in less than one full day finding that the hospital and its physicians had failed to properly care for 35-year-old Teresa Baily and her unborn baby after Ms. Baily was sent to the hospital on an emergency basis for a scheduled inducement following a problem that had developed with her amniotic fluid. The baby, a boy, became stuck in the birth canal with his umbilical cord wrapped around his neck and died during the inducement procedure.
In awarding the damages, the jury not only found that the physicians at Sharp Mary Birch Hospital had failed in providing proper care while performing the inducement procedure, but that they also attempted to conceal the problems afterwards by making false statements to the parents and falsifying medical records. Stating the award was excessive, counsel for Sharp Healthcare have stated an intention to appeal the award.
Kelley Riedel is a Partner with Berman & Riedel, LLP, a California based plaintiffs’ civil litigation firm with extensive experience in handing catastrophic personal injury and wrongful death matters including cases arising from medical malpractice.