Couple Files Medical Malpractice Lawsuit for Cesarean Section Performed without Anesthesia

A California couple is suing Tri-City Medical Center in Oceanside for medical malpractice and assault and battery after 26-year old Delphina Mota was strapped down and underwent a cesarean section without anesthesia.  The woman’s fiancée, 35-year-old Paul Iheanachor, was in the hallway outside the operating room during the procedure. The medical malpractice lawsuit, which was filed last month in San Diego County, states that Mota was “crying and screaming at the top of her lungs, that she could feel everything that was happening, and was also pleading for help.”

A statement sent to the San Diego Union-Tribune by the Tri-City Medical Center said that “Patient safety and quality are the utmost priorities for Tri-City Medical Center and all of our partners…Tri-City Healthcare District cannot comment further on pending litigation.”

Why was the cesarean section performed without anesthesia?

On November 15 at over 41 weeks pregnant, Mota was admitted to Tri-City Medical Center to have labor induced; she also received an epidural.

A decision was made to perform an emergency C-section by her obstetrician, Dr. Sandra Lopez, at 5:21 a.m. the next morning when Mota’s blood pressure dropped and the doctor couldn’t find the baby’s heart rate.

The suit acknowledges that Lopez “appropriately called for an emergency C-section” and attempted to page the anesthesiologist on call, Dr. David Seif, several times. When Dr. Seif could not be reached, Lopez instructed staff to “strap her down” in order to perform the surgery.

The couple’s baby was born that day; a daughter they named Cali. She is now seven months old and healthy.

When can a hospital be liable for medical malpractice?

There are several different reasons that a hospital can be found liable for negligence and/or medical malpractice for medical care provided to its patients, including:

• A hospital can be held liable for the negligence of its employees. Note that physicians are often contractors while nurses are typically employees.
• A hospital can be held liable for knowingly allowing/keeping an incompetent medical care provider on its staff.
• A hospital can be held liable for failing to implement or follow protocols for patient safety/care and sanitary environment.
• A hospital can be held liable for providing old, outdated or malfunctioning medical equipment for its staff or contractors to use.

If you or a loved one was harmed while in hospital care seek the advice of a medical malpractice lawyer who can discuss your legal rights. There is a limited timeframe to bring a medical malpractice case – typically three years from the date of injury in Washington State – so reach out as soon as you are able.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice and other types of negligence. We seek justice for patients who have been harmed by preventable accidents and medical errors including birth injuries, hospital-acquired infections, diagnostic errors, prescription drug injuries and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.