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Family Awarded $55 Million in Tragic Medical Malpractice Case

Family Awarded $55 Million in Tragic Medical Malpractice Case

Parents Enso Martinez and Rebecca Fielding of Waverly, Maryland were awarded $55 million in compensation because of medical malpractice that left their newborn son with severe brain damage.

After developing complications during their home birth, Enso and Rebecca rushed to Johns Hopkins Hospital in Baltimore. Doctors ordered an emergency C-section, but waited two hours. As a result, baby Enzo was deprived of oxygen and is now suffering from cerebral palsy and seizure disorder, which require 24-hour care.

Johns Hopkins Hospital denies that it was negligent in caring for Mrs Fielding and plans to appeal the decision.


Read the whole story (Daily Mail).

Image Source: Baltimore Sun via Daily Mail

Join The Conversation
TammyMendoza47247 TammyMendoza47247 4 years
What a bunch of ignorant people. Home birth can be and is just as safe as a hospital birth if not more. If you have a midwife who is experienced and have a plan for emergency care if need be. I know over 130 kids born at home, 3 were taken to the hospital before birth because of complications and it was done in good timing and not one of those children had any sort of complication or death. Fear causes hatred and that is exactly what you women that are putting home birth down are, Scared, afraid, and totally ignorant to say the things you do with out knowing the statistics.
KarenAdams397 KarenAdams397 4 years
Even if I didn't live 1 1/2hrs from the closest hospital I wouldn't have chose a home birth for my daughter, nor my current pregnancy - but that is just it - I CHOSE. My OBGYN informed me the risks of my pregnancies and from the information I gained I was able to assist in making my birth plan. I knew my daughter's cord was around her neck (from the routine ultrasound) 10 days before she arrived and I knew from that we would have to act fast when she showed signs of distress. The day she was born we arrived at the hospital 10.30am, the monitors were placed and at a little after 11am were told the emergency C-section would happen at 12pm. The only thing that slowed us down was waiting for the theatre bed. Isabella was born a healthy 8lb 13oz, 17 days early at 12:25pm. As long as people are aware of the risks and what to do if things went wrong (which it appears this couple did the right thing) then who are we to judge? Just because I feel its too risky and it was far too dangerous to be considered an option for me, doesn't mean that with proper precautions, comprehensive information considered, and "in case of emergency" plans are in place that people should be forced into hospital only births.
stacydecossas stacydecossas 4 years
yes, women have been giving birth at home for centuries. women and children dont die in childbirth as much as they did before hospital births were the norm. one of the main reason for a higher lifespan for the last few generations is not having to figure childbirth related deaths. you do the math.
MariaAldersBurns MariaAldersBurns 4 years
Really, people. Women have been giving birth at home for years with no problem. The fact is, she didn't birth at home she went to E.R. because there was a problem. When they (the hospital) determined that she needed an EMERGENCY C-section they screwed up by not doing it immediately. How many emergencies can wait 2 hours? Home birth is not the issue here, hospital screw up is.
CoMMember13631170351885 CoMMember13631170351885 4 years
The problem is not the home birth in its self. Women have perfectly safe home births everyday BUT no one can deny that if she would have already been in a hospital labouring see would have most likely received the intervention she required rapidly. I had all of my children in the hospital and 2 of the births required NO intervention ( one I delivered myself!). My first child ended up having a chromosome disorder that we didnt know about. She would have died if I would have decided to have a homebirth. BTW I didnt think about suing the doctors for not finding the chromosome disorder( i had numerous ultrasounds) bc its not their fault.
Jaime17002 Jaime17002 4 years
I doubt we're privy to all of the facts and home birth is not the enemy here! I think it's incredibly sad that this family is now facing such extensive disabilities for their newborn, but the compensation they've been awarded will in the very least, help them to find a way to cope with his illnesses. You can't judge this situation based on your personal dislike of the birthing method. Lots of women opt for scheduled c-sections and I know there have been a few tragedies as a result of this very effective birthing method, so it's really not the issue in this case. Once the parents realized there were complications they likely went straight to the hospital and it's very possible that the doctors waited two hours to perform a c-section. If that's the case, then there's a lot more weight to medical malpractice than crappy birthing decisions!
TaraWithey TaraWithey 4 years
I just have to say that statistically, the US is ranked 43 in the world for infant mortality rate...that means that 42 countries have better outcomes than we do and our homebirth rate is around 1%. The countries who have the best rate? More than half are using midwives, and many birthing at home. Homebirth isnt the issue. Stalling necessary intervention was the issue in this case, and they were rightfully compensated.
JessicaKozel JessicaKozel 4 years
Its disgusting how many people insult the parents because they opted for home delivery, as if that was the only reason why their son has become disabled. Welcome to the year 2012, where more and more women are opting for midwives, and the CHOICE to birth where they feel most comfortable! I feel so bad for them, children are hard enough to raise without any diseases or deformities, I can't imagine the hardship they have to endure because some idiot(s) was granted a medical degree, and decided to be negligent in his duties that day. 55 mil is quite a bit, but if its justified with the costs that will actually be incurred, well then it should be an eye opener to the rest of the m.d's out there. Patients are people too! Not just an addition to their paycheck.
MarieJackson76860 MarieJackson76860 4 years
Good 4 them! You all r blaming the parents, but hospitals & drs do make mistakes & should have to pay for those mistakes. I'm currently in the middle of a medical malpractice case as well. Same thing, but different state, circumstances, & issues.
SamirahGoudy SamirahGoudy 4 years
Home births, in many situations, are more safe than hospital births since they have less medically unnecessary interventions. But in order to have a home birth you have to meet certain requirements. Also in many cases when a woman chooses a home birth and something goes wrong and she ends up at the hospital the staff aren't too kind. I know from experience that when a woman chooses a home birth and needs medical intervention that hospital staff are often hostile and cruel (I acquired high blood pressure at the very end of my pregnancy. I went to the hospital's e.r and they misdiagnosed me with a uti where as my homebirth midwife figured out what was wrong with me). Also, hospital births tend to yield higher rates of newborn deaths and still births because of the certain interventions that are made standard for all laboring women. A homebirth midwife has the same equipment that is available to an obstetrician (who are surgeons mind you) during a normal safe healthy labor. The only thing that a midwife cant do is perform surgery.
LeighanneGrava LeighanneGrava 4 years
55 MILLION. Come on...they chose to do home birth. I feel bad for the child but it is the parents fault for their risky choice.
HeatherBartlett HeatherBartlett 4 years
They chose home birth, they suffer the consequences.
Martinegriffiths Martinegriffiths 4 years
I must agree with everyone else so far. Why, why, why would ANYONE want a home birth?? Childbirth is so risky that women and babies would regularly DIE during the process or shortly after. Medical intervention has made this, thankfully, rare, so why would anyone want to give birth away from where all the best medical care is? If this woman had been at a hospital this situation could have been sorted out much quicker and this poor little boy would probably be healthy right now. I too get ticked off reading stories like this.
AndreaC75608 AndreaC75608 4 years
Totally agree Ashley!
AndreaC75608 AndreaC75608 4 years
I doubt that they "waited" two hours. She had to be admitted, prepped for sx, etc. This is why you don't have home births, sorry, I might offend someone. Although they could have cut her the minute she was wheeled in the door.
AshleyMershon AshleyMershon 4 years
Wait so they get 5 million dollars because they chose to have the baby at home and not have it monitored, then got rushed to the hospital and the docs ordered a c section and I am guessing she declined until it was too late wanting to save her 'natural birth' experience. People tick me off!!!
AshleyTrinkle AshleyTrinkle 4 years
Why would they wait two hours for an "emergency" procedure? Geez... poor people smh
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