Under Massachusetts law, negligence is defined as the failure to exercise that degree of care that an ordinary, cautious or reasonable person or entity would have exercised, given all of the facts and circumstances of a particular situation. Negligence can involve action, a failure to act, or both. When an individual or entity fails to exercise the standard of care called for under the circumstances, and a person sustains a personal injury or multiple injuries as a result thereof, then a person may bring a claim for money damages under Massachusetts tort law. In such a scenario, the services of an expert Boston personal injury lawyer is likely necessary.
On December 28, 2013, Pamela Sampson visited Cooley Dickinson Hospital in Northampton, Massachusetts after she began experiencing contractions. During previous visits to the doctor’s office, Sampson displayed signs of preeclampsia, a pregnancy complication characterized by high blood pressure and other life-threatening symptoms. However, her doctors failed to diagnose her with the condition and failed to closely evaluate Sampson, even after she allegedly communicated that she suffered from severe pain, vomiting, nausea and high blood pressure.
During delivery, Sampson screamed out in pain and was so frantic she had to be restrained. By the time she gave birth, she was unresponsive. Her son was born prematurely and immediately transferred to the neonatal unit at another hospital. The doctors continued to tell Sampson’s family that she would be fine. However, a CT scan showed that Sampson has suffered a cerebral hemorrhage. She was transferred to Massachusetts General Hospital, where she later died.
According to masslive.com, Sampson’s husband, mother and estate have filed a lawsuit against the Cooley Dickinson Hospital and seven medical professionals that treated Sampson. Sampson’s family is reportedly suing the defendants for negligence, intentional infliction of emotional distress and misrepresentation. An unspecified amount of damages are being requested for Sampson’s loss to her husband, mother and child.