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Jul 31, 2010
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Lawsuit says UMC didn't give treatment

Woman alleges improper emergency obstetrical care

A Las Vegas attorney filed a second lawsuit Wednesday that accuses medical personnel at University Medical Center of failing to provide emergency treatment to a pregnant woman in labor.

Both lawsuits claim the women gave birth prematurely to baby girls who died.


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"The complete indifference to life is unacceptable," according to a statement released Wednesday by attorney Jacob Hafter. "The fact that this event occurred in UMC a week after the death of Angel Dewberry is unfathomable."

Hafter filed the second lawsuit in U.S. District Court on behalf of Las Vegas resident Latricia Richard. A week earlier, he filed a federal lawsuit on behalf of another Las Vegas woman, Roshunda Abney, who gave birth to Angel Dewberry at home on Dec. 1.

The earlier lawsuit claims emergency room personnel at both UMC and Valley Hospital refused to provide Abney treatment.

Hafter said he received Richard's medical records from UMC on Wednesday and rushed to file the lawsuit on her behalf.

"We cannot as a community allow this type of care to continue at UMC," the attorney said.

According to the lawsuit, Richard was complaining of labor pains when she went to UMC's emergency department at about 10:20 p.m. on Dec. 8.

Richard, already a mother of three, was 22 weeks pregnant and had been receiving prenatal care. She was placed in a room in the labor and delivery department, and was placed on an external fetal monitor.

"She was never seen by a physician or any advanced nursing personnel," the lawsuit alleges. "Her cervix was never checked for dilation. She was given a sleeping pill and sent home."

Richard was discharged around 3:30 a.m. A few hours later, she went to her private doctor, who determined she was in active labor.

"He sent her via ambulance to UMC where she delivered her premature baby who died," according to the lawsuit.

The document claims UMC violated the Emergency Medical Treatment and Active Labor Act by failing to screen and treat Richard. The lawsuit filed on behalf of Abney accuses both UMC and Valley Hospital of violating the federal law.

UMC officials have declined to comment on both complaints.

According to the Abney lawsuit, she arrived at UMC with her fiance, Raffinee Dewberry, on Nov. 30 and waited for six hours without being treated, despite her complaints about abdominal pain.

She then went to nearby Valley Hospital but said she left after hospital staff suggested she could face a similar wait there.

Within 20 minutes of arriving home on Dec. 1, Abney gave birth. She has told the Review-Journal she did not know she was pregnant.

On Dec. 10, UMC officials moved to fire six employees involved in the Abney case. The six, whose names were not released, were suspended pending termination proceedings.

Kenneth Webster, an attorney for Valley Hospital, said in an e-mail last week that Valley "categorically denies the allegations" pertaining to Valley and its staff made in Abney's lawsuit.

"At no time was Ms. Abney discouraged from seeking medical treatment at Valley Hospital, nor was she denied a medical examination," Webster wrote. "Ms. Abney and Mr. Dewberry abandoned any alleged request to be seen at Valley Hospital when they voluntarily chose to leave the facility after a matter of only a few minutes, without providing even their names or any description of a physical complaint."

According to the Abney lawsuit, a preliminary autopsy report by the Clark County coroner's office placed the baby's age at birth at 26 weeks, plus or minus three weeks. The baby weighed 1 pound, 6 ounces.

Contact reporter Carri Geer Thevenot at cgeer@review journal.com or 702-384-8710.

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The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

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Stacy Flatt wrote on January 09, 2010 09:31 AM: To "Staff Member" I can't agree more about UMC, it is great place to work and it is unfortunate people don't hear about all the good things that happen at UMC, there are great Doctors,Nurses and staff members that take pride in their jobs daily.


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York wrote on January 02, 2010 10:41 AM: in the abney case welfare is not an issue her and her fiance both work fulltime jobs w/o any gov assistance. they both work hard for all they have. MEANING THEY PAY TAXES!!! and insurance issues wat if they are enrolled but like many of us there is a 2500 deductible? ppl here arent sayn anything i didnt expect go figure we are in sin city. where is humanity two lives have been lost here that could have been saved. picture this if police didnt do their jobs how would it be in vegas. now reality is the health system isnt doing theirs. two babies within a week at the same hospital is unacceptable. why does race seem to play a major part in alot of comments left here. is it that some consider it poputlation ctrl. in my honest oppinion if this were two white babies umc would b closed by now and the comments would have been more sympathetic than condensending. has anybody thought about what these two women have been thru especially considering the season. and raffinee wat about him having to witness his child be born at home after visiting 2 ER's to get assistance for Roshunda. really it irks me to see the mentality of ppl here no hearts at all my God have mercy on your souls. another thing that scares me is y is it that no clark county officials(politicians, office holders) made any comments, then i realize that umc is a county hospital and thus i find my answer. wat is the true value of Gods gift to us in the form of life? and ppl plz consider what the families are going thru when leaving nasty remarks. thank you and God bless


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Kelcey wrote on January 01, 2010 03:09 PM: Richards may not have been in labor when she was sent home. Hospitals don`t keep you based on you knowing your body and having a hunch something is wrong. It also doesn`t mean that by the time she went to her doctor that she was not then in active labor. It happens that way. Happened to me on all three of my kids.

Even had they kept her it does not mean they would have been able to stop the labor or to save the fetus. When she went to her doctor that person evidently sent her to the hospital, labor was not stopped, the baby did not live. It was too early. Sometimes it is natures way to eliminate something that is not viable. Note that nothing is said that an autopsy was performed to determine if the fetus had a problem.

As for the woman not knowing she was pregnant. Well, that appears to happen too. Why would the care clinic not have run a pregnancy test before sending her to UMC? If she didn`t know she was pregnant why would the ER be able to look at her and think "hey, she's pregnant" when she couldn`t do that herself. Not knowing she is pregnant and possibly in labort just puts her in the same category as everyone else that shows up there which is first come, first serve. If she thought she was pregnant she could have gone home taken a home test found out she was pregnant and gone back with more information to move higher up in the triage line.


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SE wrote on January 01, 2010 10:36 AM: Doesn't this seem a little coincidental to anybody else, same attorney, It sounds like solicitation is going on from Jacob Hafter. He has it out for UMC and these allegations are untrue. Get a life Mr. Hafter.


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staff member wrote on December 31, 2009 10:51 PM: As a member of the UMC staff, I would like to say that we give great care on a regular basis. I work in one of the inpatient areas where we do great things for many people on a daily basis. The nursing staff doesn't care who has what kind of insurance, if any at all. Most of us take great pride in the daily work that we do. It's sad to read such awful things being said about "UMC" as if everyone that works at UMC is terrible. My unit gets wonderful letters and cards. We educate patients and families on a daily basis. We sometimes laugh with patients, sometimes cry, often push them to work harder to push themselves to a full recovery. I'd love to have some of those who have told me how great their experiences at UMC have been take the time to express their feelings in the press.


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Reality, not racism wrote on December 31, 2009 08:25 PM: Black people are notorious for the BLAME GAME. I even heard one complain about section 8 vouchers! It is beyond ridiculous. This is not racism, this is REALITY that I have experienced.


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black eye wrote on December 31, 2009 08:04 PM: Noteworthy how a BLACK man (former CEO) hurt UMC, and now more BLACK people hurt it further.

Let's say UMC has a "black eye"

ps: what ever happened with the CEO? Last I heard, he was facing criminal trouble over what he did?


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5 kids and broke wrote on December 31, 2009 07:30 PM: She would have had 5 kids total to burden the taxpayers (conservatives). She is certainly no conservative.

Taxpayers (conservatives) need to start saying "NO more"!


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Harold Wolf wrote on December 31, 2009 07:24 PM: Have Van Jones run UMC....Obama's man! He needs a job.


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John Q. Taxpayer wrote on December 31, 2009 07:17 PM: Harry Reid and Rory Reid will solve all your problems....NOT!


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