One might say that the first time they sent her home with pain medication, they were hoping the problem takes care of itself. I guess it was presumed that the fetus would be delivered at home, the mother notices the baby is breathing and rushes back to the hospital where it will later die. But that didn't happen.
The pregnant woman goes back to the hospital a second time, in severe pain. The hospital has already determined, as proved by their prior actions, that the fetus is doomed and now the pregnant woman is in severe pain which obviously means that the miscarriage is normal, right? There isn't any bleeding or other signs of complications, is there? Because if there were such signs, one would think that the possibility of a fatal hemorrhage is now considerably greater. And of course the proper action in this case is to send the pregnant woman home with more pain meds? Is that the extent of their care: take 2 aspirin and call me in the morning?
It is alleged the pain reaches a level 10 out of 10 and so the pregnant woman returns to the hospital for third time. At this point, as a layman, some very loud alarm bells would be going off in my head. And yet they were in the process of sending her home for a freaking third time when she delivers a breach baby. I will let you think about that for a second.
A freaking breach baby. Severe level 10 pain. Did anyone do an ultrasound to see the baby FFS, especially at the 3rd visit? If someone had done an ultrasound and somehow didn't notice the miscarrying baby was breach, that is negligence. If an ultrasound was not done even when all the symptoms point towards dangerous complications, that is negligence. If they knew about the breach and still sent or tried to send her home, that is possibly gross negligence. Sending a person home with level 10 pain is negligence.
So yes this lawsuit is about negligence.