The Regents' and a Partner Physician Allegedly Caused a Wrongful Life / Birth and Committed a Medical Battery
Alleged Negligent Prenatal Care Results in Baby Born with Severe Birth Defects Missed on an 18 Week Targeted Ultrasound Examination
OAKLAND, CA, UNITED STATES, July 24, 2024 /EINPresswire.com/ -- "Baby ROCCO was born with a birth defect, and he and his family are forever gravely impacted by this diagnosed condition called arthrogryposis multiplex congenita (AMC) as well as quadriplegic cerebral palsy, both of which are incurable, non-progressive conditions that will nevertheless cause lifelong disability and special needs for a lifetime of care. Plaintiffs question why Baby ROCCO was born into this world when modern medicine - 23 years into the 21st Century - has well-educated and well-trained licensed healthcare practitioners and easy accessibility to the necessary medical devices to avoid this life. While deeply sad, but patently true - had MONICA been given any information whatsoever that her unborn son then had any sort of fetal anomaly as early as May 5, 2023 [18 weeks, 2 days gestational age], or as soon thereafter when given adequate information and advice from a board certified OB/GYN (obstetrician gynecologist) and/or more likely, an MFM (Maternal Fetal Medicine), to make an informed decision [her body, her choice to keep or terminate], she would have elected to have a second-trimester surgical abortion for pregnancy termination due to fetal anomalies."
The Ramos' Complaint1 was filed on July 15, 2024, in the Alameda County Superior Court (Case No. 24CV083414) and names as defendants healthcare providers including The Regents of the University of California, the governmental agency's Partner, Angela Pollard, MD (Los Gatos OB/GYN), her Registered Nurse Practitioner Christine Kalle, and three employees. Defendants are alleged to have committed medical malpractice in rendering prenatal care, or the lack thereof, to Monica Ramos and therefore her child, Baby Rocco. The lawsuit alleges Wrongful Life (for Baby Rocco), Wrongful Birth (for his parents), Intentional Tort – Medical Battery – Conditional Consent (not subject to the California cap on damages per California Civil Code § 3333.2), Fraud – Intentional Misrepresentation, Breach of Fiduciary Duty, Negligence Per Se and Unjust Enrichment. The Complaint raises concerns about quality of care, billing irregularities, destruction of medical records, insurance fraud, and focuses on a specialized targeted ultrasound performed by an unlicensed technician which was then negligently – and with conscious disregard – interpreted by a licensed OB/GYN. Defendants have been served with the Summons and Complaint.
Matthew H. Haberkorn, Esq.
Haberkorn & Associates
+1 650-268-8378
medicalmalpractice@matthewhaberkorn.com
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WATCH NOW: Baby Rocco on Day 2 of his life admitted to Lucille Packard Children's Hospital NICU at Stanford at https://vimeo.com/989023022
1 https://acrobat.adobe.com/id/urn:aaid:sc:us:aecd7987-f08e-4d87-9246-b13d5223cf9b
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