Mother of Stillborn Child Awarded $268,000 in Medical Malpractice Lawsuit

By Brittany Golledge

Published on August 01, 2005

Jurors found that the plaintiff, Shana Smith, suffered significant emotional distress after witnessing the stillbirth of her child in September of 2003.

Attorneys for Smith argued that the defendant, obstetrician Dr. Daniel Villarosa, was negligent in failing to deliver the baby in a timely manner. The lawsuit alleged that the doctor did not show up at Victor Valley Community Hospital when needed for the delivery, despite repeated attempts by the nursing staff to contact him.

An expert witness for the defense testified that the baby suffered damage to the brain and heart before the mother reached the hospital. Villarosa and his attorney maintained that the outcome of the birth would have been the same regardless of the time of his arrival.

Jurors awarded Smith $268,000 after concluding that Villarosa was negligent, and this negligence was a substantial factor in the outcome of her pregnancy. Attorneys for Smith expect the damages to be reduced to $250,000, in accordance with maximum caps imposed by California law.

Reports from the Medical Board of California indicate Villarosa had no prior medical malpractice judgments, citations, arbitration awards, or disciplinary actions.

Villarosa had no comment as of Wednesday. He is expected to file an appeal.

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