Mother whose child died at birth sues CHC and staff for alleged malpractice

A mother sued the Commonwealth Health Center, the Department of Public Health, four doctors and other employees yesterday for alleged medical malpractice that resulted in the death of her child during birth.

In a civil action at the Superior Court, Ruby Marquez de Guzman also accused the defendants of violating her civil rights for allegedly discriminating against her, a Filipina who has been employed as a waitress at a Gualo Rai restaurant.

“[De Guzman] was not provided the same medical care and treatment as would have been provided a like person of a different national origin, race and/or financial or social status,” her lawyer, Eric D. Bozman, said in the complaint.

Bozman said De Guzman’s medical records contained notations identifying her ethnic status.

The complaint showed that the dead infant, Marianne de Guzman, is co-plaintiff with the mother. Bozman insists that the child, although dead, has a legal personality to sue.

Also named defendants in the lawsuit were Dr. Gary Ramsey, three other doctors and other CHC personnel, whose identities have yet to be ascertained.

Bozman accused the hospital of negligence in attending to the mother, who had exercised due care and consistently followed doctor’s advice to ensure that the baby inside her womb would be delivered in good health.

The complaint stated that, about three days after receiving a positive checkup, De Guzman’s water broke around July 9, 2004, roughly seven-and-a-half months into the pregnancy. As early as 6:30am, De Guzman went to the hospital, where she stayed for about three days. Bozman said no special attention warranted by the situation was given to Ruby.

On July 13, Ruby allegedly asked to be temporarily discharged from the hospital so she could collect personal items at home. The CHC allegedly failed to advise her of the potential problems or high risks of infection that leaving the hospital would entail. Ruby returned to the hospital on the same day.

Two days later, De Guzman became sick and told a hospital nurse that Marianne was not aggressively kicking inside her womb. CHC’s employees allegedly assured that the baby’s heartbeat was regular.

Bozman said that De Guzman began to urinate blood and shiver violently on July 16. He said the hospital informed De Guzman that she had an infection. He said his client was then injected medications that she believed were supposed to induce contractions.

De Guzman gave birth to Marianne that day, but got scared right after giving birth because the baby did not cry.

“Although the crowd of four doctors and various nurses told her not to worry, they did not allow her to see her baby. It then took an unusually long time to remove her placenta,” Bozman said.

Dr. Ramsey then allegedly apologized to De Guzman and explained to her that day that Marianne was dead and that the infection had botched up a healthy childbirth.

“The dead Marianne was then kept at the hospital and [De Guzman} was not allowed to dress her in her baby clothes until the next Monday (roughly three days after the birth), when the hospital finally released Marianne’s body for the religious rights,” stated Bozman.

To date, Ruby has yet to receive a copy of her full medical records, including ultrasounds that could establish Marianne’s status when labor was induced, according to Bozman. But this month, the lawyer said she received a bill for the allegedly negligent medical treatment.

Bozman accused the defendants of negligence in their duty to provide care to a patient regardless of an individual’s ability to pay. He said it was negligence on the part of the defendants when they did not perform a Caesarian-section nor induce labor at the proper time.

“It is negligent, unusual, and unexpected not to perform surgical procedures or induce labor when a woman breaks her water one month before childbirth without having made a medical determination not to do so,” Bozman said. “It is negligent to send a woman back home after her water has broken without warning her of the risks of infection.”

The lawyer said the defendants should be held liable, asking the court to award the plaintiffs monetary damages to be assessed against the defendants.