CHARLESTON, WV (WOWK) – A woman is suing for the wrongful loss of life of her unborn little one after she reported a misdiagnosis resulted in medical professionals administering a chemical abortion.
The lawsuit was submitted in Kanawha County Circuit Courtroom on behalf of Delicia Bannister on Thursday, March 28. The complaint statements health-related negligence by the defendants: Charleston Region Healthcare Heart and West Virginia College Board of Governors.
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“[She’s] a wonderful 31-yr-previous younger woman with two kids that she’s increasing at house as a solitary mom and she has this circumstance materialize to her and it is a travesty and I believe CAMC requires to be accountable for it,” reported Dante’ diTrapano, family’s legal professional.
According to the complaint, Bannister was pregnant and confirmed up at CAMC Women of all ages and Children’s Medical center searching for treatment for pelvic soreness in July 2023.
The grievance mentioned doctors improperly identified her with an ectopic being pregnant, supplying her two solutions: surgically get rid of it, which would be difficult thanks to its spot, or to administer methotrexate, a chemotherapy drug that is used to abort ectopic pregnancies.
Finally, she made the decision the route of a chemical abortion which diTrapano explained would’ve resulted in medical practitioners supporting take out the nonviable fetus surgically later on. Nevertheless, the complaint explained her being pregnant hormones continued to increase, alerting medical professionals one thing was erroneous.
At that place, medical practitioners consulted her clinical documents which showed that the similar mass, they assumed was an ectopic pregnancy, appeared on an ultrasound in 2021, and was in its place a noncancerous growth.
“They [doctors] come back again in the subsequent day and say, ‘Well we cannot do that because of the new abortion legal guidelines in West Virginia. Go dwelling and go the child,'” diTrapano claimed. “So, now here’s a young woman, who had a little one, it’s been terminated by these chemicals, and then they are telling her to just go and go the kid. It is dreadful it is an atrocious situation.”
West Virginia’s anti-abortion legislation went into outcome in 2022. Ectopic pregnancies fall beneath the exceptions which incorporate non-practical fetuses, fetal anomalies and medical emergencies. If a doctor performs an unlawful abortion, they could have their license revoked, and if an unlicensed skilled executed an unlawful abortion, they would experience felony fees.
As a result of the lawsuit, Bannister statements the misdiagnosis resulted in an pointless abortion and expense her the lifestyle of her unborn little one.
“One of the most significant points about dealing with a patient is what is the patient’s record,” diTrapano explained. “So, if any individual will come in presenting at the crisis room, you get on the world wide web, or get on her portal and you seem at what her record is and if they would’ve done that they would’ve observed she experienced a fibroid in 2021. It was not an ectopic pregnancy.”
diTrapano stated Bannister hopes to receive compensation for damages, but also raise recognition for how significant it is to evaluate all clinical data ahead of treating a client.
13 Information attained out to CAMC and WVU Board of Governors, but both claimed they could not comment on pending litigation.