NOTICE OF INTENT TO COMMENCE LEGAL ACTION. October XX, 20XX. Via Certified Mail. Return Receipt Requested. Springfield H
Letterhead NOTICE OF INTENT TO COMMENCE LEGAL ACTION October XX, 20XX Via Certified Mail Return Receipt Requested
Springfield Hospital Attention: Gerald Normal Man, Hospital Administrator 4222 West 126 South Any town, UT 11111 Paula Midwife, CNM Springfield Healthcare 12112 West 12 South, Suite 222 Any town, UT 11111 Re:
Julie Midwife, CNM Springfield Healthcare 12112 West 12 South, Suite 222 Any town, UT 11111 Larry Longitude, MD Heaven Medical, Anytown 223 South 765 West Any town, UT 11111
Lara Henry and Baby Henry (a minor)
To The Above Named Parties: PERSONS INVOLVED Please be advised that the law firm Parker & McConkie represents Lara and Baby Henry with regard to their claims for medical malpractice against Springfield Hospital, their employees, nurses and staff, Paula Midwife, CNM, Julie Midwife, CNM and Larry Longitude, MD. This letter constitutes a formal notice given and served as provided by law pursuant to the Utah Health Care Malpractice Act, and more particularly Utah Code § 78B-3-412.
DATE, TIME AND PLACE OF THE OCCURRENCE The matter and occurrence upon which this Notice of Intent to Commence Legal Action is founded, took place between July 31, 20XX and August 3, 20XX at Springfield Hospital, Any town, Utah. GENERAL STATEMENT OF THE NATURE & CIRCUMSTANCES OF THE CLAIM On or about July 31, 20XX Lara Henry presented to Springfield Hospital with complaint of spontaneous rupture of membranes at approximately 2100 with clear fluid. After observing some variables Lara was kept for observation and it was then confirmed via Amnisure test that she was ruptured. Lara Henrywas consequently admitted to the Springfield Hospital under the care of Paula Midwife, CNM. After being hooked up to the monitoring equipment, decelerations became visible on the fetal heart tracing. Augmentation was initiated with oxytocin and despite variables and decelerations the oxytocin continued to be increased. Throughout the night the concerning decelerations and other concerning signs continued to be seen on the fetal heart tracing. The next morning, on or about August 1, 2014, intrauterine resuscitation measures were initiated; however, the oxytocin was not discontinued and it continued to be administered. That afternoon Paula Midwife, CNM assumed care of the patient and during the term of her care failed to appropriately respond to the tachysystole, variables, increasing baseline, decelerations and other concerning developments documented on the fetal heart tracing. Eventually Lara Henry began pushing, resulting in deepening variables. Finally, that evening, Dr. Larry Longitude was consulted at the bedside with Paula Midwife, CNM present and eventually, after a failed manual rotation attempt, Dr. Larry Longitude performed a cesarean section delivery. Following the delivery, Baby Henry had low initial APGAR scores, terminal meconium, abnormal umbilical cord gases and developed dangerously low blood sugar with no cooling procedures initiated. SPECIFIC ALLEGATIONS OF MISCONDUCT Springfield Hospital, along with their employees, nurses and staff, Paula Midwife, CNM, Julie, CNM and Larry Longitude, MD breached the applicable standard of care when they failed to identify non-reassuring fetal heart tracings in a timely manner and persisted in augmenting Lara Henry’s labor, which caused unnecessary stress and permanent damage to Baby Henry. Springfield Hospital, along with their employees, nurses and staff, Paula Midwife, CNM, Julie Midwife, CNM and Larry Longitude, MD further breached the applicable standard of care by failing to identify and appropriately respond to a failure to progress due to acynclitic position, which contributed to Baby Henry’s damage as labor continued. Their failure to provide timely interventions to help with augmentation of labor and with intrauterine resuscitation fell below the standard of care. Due to the lack of proper and timely response to this non-reassuring fetal heart tracings and signs of fetal distress and through other breaches of the standard of care Lara and Baby Henry were proximately injured, harmed and damaged. !2
NATURE OF THE HARM, INJURIES AND DAMAGES SUSTAINED As a result of the negligence and breaches in the standard of care described above, Lara Henry required an emergent caesarean section. Baby Henry initially suffered, among other things, terminal meconium, intubation, mechanical ventilation, seizures, low oxygen saturations and was sent via life flight to Children’s Hospital Of Philadelphia for asphyxia and for evaluation of seizures and other resultant damages. Baby Henry required several diagnostic procedures including, but not limited to, CT, EEG and MRI. The MRI results revealed markedly abnormal findings with extensive ischemic injury to both cerebral hemispheres & thalami. Spectroscopy was abnormal and consistent with ischemic brain injury. In addition, Baby Henry has been followed by Pennsylvania Early Intervention Baby Watch and has shown significant delays in multiple skills and has not met developmental milestones. All of these injuries, harm and damages were proximately caused by the negligence and breaches of the standard of care set forth above. Consequently, Lara Henry and Baby Henry seek both special and general damages as compensation for the injuries sustained as a result of the negligence and malpractice described above. Sincerely, PARKER & McCONKIE
Bradley H. Parker
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