Category Archives: Wrongful Death

Mistakes Made by Fort Mill Birthing Center Result in Baby’s Death

The Fort Mill maternity center has been named the defendant in a wrongful death lawsuit filed by a woman who lost her baby as a result of birthing complications.

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Katherine Wagner expected to deliver her child naturally. She was completely prepared to do so in March when she started to go into labor while at the Fort Mills birthing center, but when complications during labor made a natural delivery impossible, she was admitted to the hospital. The medical staff at the hospital was able to save Wagner’s life, but they weren’t able to save the life of her child.

One of the biggest complaints that Wagner lodged against the birthing center is that rather than using an electronic fetal heart monitor to gauge her child’s well-being, the mid-wife used her hand to feel the infant’s heartbeat.

  1. Randall Hood, the attorney assisting the Wagner’s with their lawsuit stated that the center should not have even considered assisting Katherine Wagner when she approached them about assisting with her natural childbirth because a previous miscarriage meant she wasn’t low risk pregnancy.

H23k-0841 (1)This isn’t the first time the Fort Mills birthing center has found itself in the middle of a wrongful death scandal. Six months after Wagner lost her child, another infant died. The second death spurred South Carolina’s public health agency into action and they closed the birthing center on a temporary basis. The grounds for the temporary suspension of operation was that South Carolina’s Department of Health and Environmental Control found that two of the mid-wives who worked for the enter violated South Carolina regulations when they failed to immediately contact the doctor who was on call when it became apparent that the labor was turning into an emergency.

The DHEC is also concerned with the fact that the midwife failed to call an ambulance when it became apparent that the laboring woman needed to be admitted to the emergency room, and instead opted to use her own vehicle to transport her.

Now the Department of Health and Environmental Control fully intends to be more watchful regarding the actions of all the midwives and midwife clinics throughout South Carolina.

In the lawsuit, the reasons Wagner’s provide for naming the Fort Mill birthing center as the defendant is that they used deceptive trade practices.

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“South Carolina lawmaker specifically create laws in order to prevent situations like this from happening,” said Attorney Joseph Sandefur of Joe and Martin, South Carolina’s top personal injury firm. “If a birthing facility is either unable or unwilling to adhere to the regulations already in place, they need to close their doors. My heart goes out to the family who put their trust in a facility and system that clearly didn’t have their best interests in mind.”

If you trusted a birthing center to help you safely deliver your child and were exposed to dangerous practices that resulted in an injury to you or you baby, you need to contact an attorney to book a consultation.

 

Article Source: http://www.southcarolinaradionetwork.com/?s=Fort+mill+birthing+center

http://www.southcarolinaradionetwork.com/2013/09/11/dhec-agency-shut-down-birthing-clinic-after-babys-death/

 

 

An Ohio School Bus Driver and Sheriff Office Dispatcher Must Defend Themselves in Wrongful Death Lawsuit

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It seems like in most cases, when a car and a bus collide, it’s the driver of the car who is found to be at fault. However, a Lisbon Ohio case is breaking the mold.  On November 22, 2014 tragedy struck Lisbon when a car skidded into the path of an oncoming school bus. Three teenagers in the car, 19-year-old Storm Angione, 16-year-old Savannah Russell, and 18-year-old A’liyia Hancock, perished as a result of the collision.

 

At the time of the accident, the state troopers who first arrived on the tragic scene declared that the accident was a direct result of Savannah Russell, who was driving the car and lost control of her vehicle. The report stated that the school bus driver didn’t have time to stop the bus before striking the smaller car.

 

No one was surprised when a wrongful death suit was filed, but many were startled to see that one of the names listed on the lawsuit was Deborah Dustman, the driver of the Brown Local School District bus. According the claim, she was driving too fast for the road conditions which meant the impact of the collision was harder than it would have been if she’d been driving slower. What isn’t made clear in the lawsuit is just how fast the bus was traveling.

 

n4yw1s-b8852539z.120140502150325000gns1sbcp.10In addition to suing the bus driver, the parents of Storm Angione also feel that Tanya McLaughlin, the Columbiana County Sheriff dispatcher who was on duty at the time, should be held responsible for their child’s death. According to the paperwork Angione’s attorney filed, they feel that McLaughlin didn’t respond properly when told the accident was severe and that if she had, it wouldn’t have taken 45 minutes for the EMT’s to reach the scene. The parents feel that it was this delay that made it impossible for their child to survive their injuies. The paperwork filed by Angione’s attorney states that they’re seeking punitive damages for negligence and wrongful death.

 

In the United States a large portion of the wrongful death lawsuits filed each year are connected to auto accidents. According to the U.S. Department of Transportation, in 2008 37,261 wrongful death lawsuits as a result of a vehicular accident were filed.

 

When a wrongful death lawsuit is filed against someone, it indicates that the loved ones of the victim feel the person named in the lawsuit could have done something differently that would have resulted in a different, less fatal, outcome. In some cases, such as the one in Lisbon, Ohio, it’s believed that the person named in the suit were negligent. Other cases list unjust actions leading up to the fatal accident..

Whether you are someone who has been named in a lawsuit, or you feel you have grounds to file a lawsuit, you need the services of an experienced wrongful death lawyer, like John Bales. Not only does the wrongful death lawyer help file the paperwork and present your case to a presiding judge, they also investigate the circumstance surrounding the vehicular accident and advise you about the best way to proceed.

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Contact us for additional information regarding how a wrongful death lawyer can help you following a tragic accident.