Medical Malpractice Lawsuit: Vacuum Pump Led To Birth Defects

A Florida couple filed a multimillion-dollar medical malpractice lawsuit alleging that their obstetrician’s use of a vacuum pump during delivery resulted in their child’s mental disability. Robert and Melissa MacDonald filed the medical malpractice lawsuit against Dr. Samuel Kaufman, a Boca Raton obstetrician. The MacDonalds claim that Dr. Kaufman improperly used a vacuum pump to deliver their son, Jordan, in 1998. Mrs. MacDonald alleges that Dr. Kaufman failed to inform her of the dangers involved in using the pump.

Birth Defects Prompt Medical Malpractice Lawsuit

In his notes after Jordan’s birth, Dr. Kaufman cited “maternal exhaustion” as one of the reasons behind his use of the pump. He claimed that the diagnosis was a “catch-all” for cases in which “the mother can’t finish the delivery.” As he grew, Jordan was diagnosed with having the mental capacity of a two-year-old. He is unable to walk without help. The medical malpractice lawsuit alleges that Jordan, now 17, suffered severe brain damage due to the unnecessary use of the vacuum pump.

Car Trouble Cited In Medical Malpractice Lawsuit

The MacDonalds stated their belief that Dr. Kaufman’s use of the vacuum pump had less to do with Mrs. MacDonald’s exhaustion and more to do with the doctor’s car trouble. The medical malpractice lawsuit alleges that Dr. Kaufman was several hours late to the birth due to problems with his late model BMW. The medical malpractice lawsuit also alleges that, when Dr. Kaufman walked into the delivery room, he was engaged in a cell phone conversation with a mechanic about his car. The MacDonalds also stated that a nurse held a phone to Dr. Kaufman’s ear as she gave birth.

Third Attempt At Medical Malpractice Lawsuit

Dr. Kaufman claims that he informed Mrs. MacDonald of the reasons behind using the vacuum pump. He called it a “common approach” when dealing with maternal exhaustion. The current medical malpractice lawsuit represents the third attempt the MacDonalds have made to pursue action against Dr. Kaufman. The first medical malpractice lawsuit against Dr. Kaufman ended in a mistrial. In the second trial, the judge overturned the jury verdict due to misconduct by Dr. Kaufman’s attorneys.

Doctors Testify In Medical Malpractice Lawsuit

Other doctors came to Dr. Kaufman’s defense in his medical malpractice lawsuit. Dr. William Roberts, also an obstetrician, testified that he would have allowed Mrs. MacDonald to continue pushing, but stated that Dr. Kaufman made a “judgment call” and did not violate any patient safety standards. Dr. David Ritter, the anesthesiologist who administered Mrs. MacDonald’s epidural, stated that he has never heard a doctor inform a birthing mother about the dangers of a vacuum pump during delivery. He stated that such information would be “counterproductive” during labor.

Source: Palm Beach Post

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