A trial for alleged medical malpractice at Richmond Hospital kicked off this week after a mother and her young child filed a lawsuit against a doctor.
In the suit filed in 2016 and updated in 2019, Li Qu claimed her son - who was born at 25 weeks and is now age 9 - is suffering “significant medical problems” from his premature birth.
Qu argued that Dr. Loida Rebeca Rivera, an obstetrician and gynecologist at Richmond Hospital, was negligent when tending to Qu’s pregnancy.
Qu also filed the claim on her son's behalf.
According to the lawsuit, which was later amended in 2019, Qu’s pregnancy was confirmed in September 2014 and her son was determined to be around 12 weeks old at the time.
Qu claimed no abnormalities were detected when she got ultrasounds in the next two months, and her son had a gestational age of around 25 weeks when Qu went to Richmond Hospital in late November 2014.
Mother claims doctor wrongly assessed gestation period
However, said Qu, the doctor “erroneously assessed” Qu’s gestation period at 23 weeks and five days, and “incorrectly calculated her expected due date at March 24 2014.”
Qu was discharged the same day but woke up with “cramping and blood clots” later that night. She returned to the hospital and her son was ultimately born the next day.
She argued that, if she had been assessed with a gestational age of 24 weeks or above when she went to the hospital in November, she “would have received (a) full Betamethasone course, resulting in an elimination or a significant reduction in (her son’s) medical problems.”
They added that Rivera’s negligence included failing to adequately examine Qu and her son or at all, failing to respond in a timely manner to signs and symptoms of premature birth and failing to request or obtain a physician to attend after Qu complained of pain and bleeding.
Medical complications allegedly suffered by her son include injuries to the heart, small intestine, eyes and brain, significant physical developmental delay and prematurity-related complications.
Her son also allegedly suffers from neurodevelopmental handicap and resulting complications as well as psychological injuries including depression and anxiety.
Doctor denies liability
Qu's son is seeking compensation including general damages, damages for loss of future earning capacity and future wage loss and costs of future care.
Meanwhile, Qu asks compensation for costs including medical expenses, past and future wage loss, post and future care expenses and costs for the lawsuit.
Rivera responded to the lawsuit in 2019 and denied liability.
She argued that the care she provided to Qu was “reasonable and consistent with the standard expected” and “no act or omission” on her part caused or contributed to any injury, damage or loss for the mother and son.
The trial began this week at the B.C. Supreme Court and is scheduled to last for 15 days.
Richmond Hospital and other doctors were originally named as defendants in the lawsuit as well but the lawsuit against them was dismissed by a judge on the first day of trial.
No allegations have been proven in court.
