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Harvest v. Craig5/11/1999
REVERSED AND REMANDED
Doris Harvest and her boyfriend, Reginald Moore, ("appellants") filed a complaint for wrongful death based on medical malpractice against Dr. Michael Craig, his wife, and Medical Environments, Inc., d/b/a Bullhead Community Hospital ("appellees"). The trial court granted summary judgment in favor of appellees, finding that appellants failed to establish their malpractice claim under the clear and convincing standard required under Arizona Revised Statutes Annotated ("A.R.S.") section 32-1473 (Supp. 1997). On appeal, appellants challenge section 32-1473 on several bases. We address only one issue, finding that appellees failed to establish their entitlement to the statute's enhanced standard of proof. We therefore reverse and remand for further proceedings.
BACKGROUND
In 1992, appellants moved from Las Vegas to Laughlin, Nevada. The following year, Ms. Harvest became pregnant, and during the pregnancy, she returned to Las Vegas on a monthly basis to obtain prenatal care from Drs. Joseph and Kirsten Rojas.
On the evening of January 28, 1994, approximately thirty-five weeks into the pregnancy, Ms. Harvest experienced one to two contractions and felt "something very hot" in her abdominal region. After discharging a substantial amount of blood vaginally, she called 911.
When the paramedics arrived at the scene, they observed several blood clots which were approximately three to five centimeters in size. They also observed 50-75 ccs. of bloody discharge, and transported Ms. Harvest to the Bullhead Community Hospital emergency room, where she was examined by Michael Craig, M.D., an emergency-room physician. The paramedics reported the blood clots and bloody discharge to Dr. Craig and, according to Dr. Craig, he took a history from Ms. Harvest. According to Ms. Harvest, however, no one, including Dr. Craig, asked her about her prenatal history.
Ms. Harvest had the following risk factors, of which Dr. Craig did not become aware: she smoked and occasionally consumed alcohol during the pregnancy; she had undergone two abortions; she was treated for infections during the pregnancy; and she had a history of precipitous deliveries. Ms. Harvest did inform Dr. Craig about the blood clots and bloody discharge, but he found "no blood visible on vaginal exam and no sign of vaginal bleeding or cervical bleeding." Consequently, Dr. Craig concluded that Ms. Harvest had merely undergone a "bloody show," which is the first stage of labor involving the vaginal discharge of the mucus plug.
Dr. Craig telephoned Dr. Kirsten Rojas and reached her at her home in Las Vegas. He explained that Ms. Harvest was in the emergency room, thirty-five weeks pregnant, in the first stage of labor, and that her vital signs and fetal heart rate were within normal ranges. While he also told Dr. Rojas about what he believed to be the "bloody show," he failed to tell her about the blood clots and the blood loss. Dr. Craig indicated that Ms. Harvest appeared to be stable and recommended sending her home. Dr. Rojas responded that her hospital's protocol required that Ms. Harvest come to the Valley Hospital Medical Center in Las Vegas for monitoring and evaluation, and Dr. Craig indicated he would send Ms. Harvest there.
Before Ms. Harvest left about midnight, Dr. Craig twice reexamined her and found no substantial change in her condition. Ms. Harvest and Mr. Moore then began the two and one-half hour drive to Las Vegas. En route, Ms. Harvest experienced excruciating contractions and intense pain, and began bleeding again. This was later diagnosed as a placental abruption, which is the premature separation, complete
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