Couple Sues for Fetus Loss and Wins $1.36 Million

SSM Health Care will have to pay $1.36 million to a couple from Jefferson County for medical malpractice resulting in death of a 14 week old fetus in 2012. The trial continued for five days and the 12 jurors established that SSM was careless in releasing a pregnant woman when she was not well. The woman, Lindsey Setzer, reported to have been suffering from kidney stones and an infection in her urinary tract that led to the loss of her fetus.

The next day when she woke up, she had a high fever with rapid heartbeat. She was immediately rushed to Mercy Hospital in Creve Coeur, where the doctors treated her for sepsis, which resulted from her urinary infection. It took seven days for her to recover, but her unborn baby did not survive, and it and left her traumatized.

The couple sued Dr Joseph Hermann and the network hospital, SSM Health Care, for their loss. As per the lawsuit, Lindsey Setzer had a history of stones in her kidney, and she went to SSM Care for pain in her right side and a urinary tract infection. When she was discharged from the hospital, her heart rate was above 140 beats per minute and she had fever and nausea. She was not even given antibiotics to kill the infection.

Setzer’s lawyers said that she is now pursuing her career as an obstetrics nurse and works at Mercy Hospital in hopes of preventing such mishaps from affecting other women in the future.

Do I Have a Medical Malpractice Lawsuit?

In Illinois, a malpractice plaintiff or his or her attorney must document that they have consulted with a healthcare professional who currently practices/teaches in the medical field that coincides with the case or has within the past six years. The professional must also know the medical issues in the case and must be competent to the matter of the lawsuit.

The plaintiff must also provide a report from the healthcare professional that states "there is a reasonable and meritorious cause.” If the plaintiff is unable to obtain the consultation from the healthcare professional before the end of the statute of limitations filing deadline, then it must be filed within 90 days after filing the lawsuit.

Contact a Medical Malpractice Lawyer

If you believe you have a case for medical malpractice in Illinois, call the medical malpractice lawyers at Newland & Newland LLP at today at (847) 797-8000, or a fill out our online contact form.We serve clients in the Arlington Heights, Palatine, Rolling Meadows, Libertyville, Mundelein, Buffalo Grove, Schaumburg, Elk Grove, and Itasca areas.

(image courtesy of Luis Melendez)

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  • Newland & Newland LLP, Attorneys, Arlington Heights, IL
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