Birth Mishap Follows Misdiagnosis, Mom Claims
7-31-2018 15:30:00

     RIVERSIDE, Calif. (CN) – A baby was born on the bathroom floor at home after Kaiser diagnosed “false labor,” a new mother claims in Riverside County Superior Court.

     Janet Carrillo sued Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., Southern California Permanente Medical Group and nurse midwife Bich Ngoc Nguyen-Do for medical malpractice and violation of the Emergency Medical Treatment and Active Labor Act (EMTALA).
     According to the lawsuit, Carrillo was 40 weeks and one day pregnant when she went to Kaiser Riverside’s labor and delivery department around 8:30 a.m. on July 23, 2017 with contractions five minutes apart.
     “Due to a history of macrosomia, plaintiff’s pregnancy was considered high-risk, and was closely being monitored by her treating physician,” the complaint states.
     According to the MedLine Plus website, macrosomia refers to an unusually large baby.
     Nurse midwife Nguyen-Do’s examination revealed Carrillo’s cervix was dilated at two centimeters with 70 percent effacement, according to the complaint. Nguyen-Do diagnosed false labor and discharged Carrillo, it says.
     “Plaintiff was advised that she should deliver her baby at the defendants’ Moreno Valley facility. As to her painful contractions, plaintiff was told to ‘walk it off,’” the complaint states.
     Around 8:00 that night, Carrillo went back to Kaiser’s Riverside facility with contractions now three to five minutes apart and her cervix dilated at three and a half centimeters with 90 percent effacement, according to the complaint.
     “Again, Nguyen-Do gave a diagnosis of false labor. Defendant Nguyen-Do offered plaintiff pain medication and bedrest, after which time plaintiff was discharged,” the complaint states.
     “Within hours of being released from Kaiser defendants’ facility, plaintiff gave birth to her daughter. The birth occurred on the bathroom floor of plaintiff’s home, and plaintiff did not receive any medication for pain,” the complaint states.
     Janet Carrillo seeks general and special damages including medical expenses, loss of earnings and earning capacity, interest and costs of suit. She is represented by Randy K. Bell in Riverside.