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McKinney hospital sued for releasing woman in labor

Published: Tuesday, February 15, 2011 11:13 AM CST
A federal lawsuit claims Medical Center of McKinney (MCM) falsely released a pregnant woman while she was still in active labor.


Plaintiff Wendy Cherry filed the suit earlier this month in the U.S. Eastern District of Texas court against the McKinney hospital's parent company and subsidiary for damages related to her early release that forced her to give birth to her daughter, Emma, at home, according to court records.

Cherry went into active labor on Feb. 4 and reported to MCM's emergency room for treatment. She told the staff she was suffering from a "sudden onset of severe pelvic pain" and requested treatment.

Staff members discharged Cherry the same day "without stabilizing her and without providing an appropriate medical screening examination."

Cherry returned home where she later went into labor. She experienced a delayed delivery that injured her daughter. The complaint doesn't elaborate the injury that Emma suffered during her birth, according to court records.

Cherry and her attorneys, R. William Wood and Grace Weatherly of Wood, Thacker & Weatherly of Dallas, said in the complaint that they believe Cherry's early release from the hospital would have prevented her daughter's injuries.

"On information and belief, but for the discharge of Wendy Cherry by defendants, there would have been no injury to Plaintiff Emma Cherry because equipment, medical services and physicians would have been present to assist in the delivery," according to the complaint.

Cherry and her attorneys are seeking damages for medical expenses, past and future pain and suffering, mental anguish and "loss of familial consortium and physical impairment."

They have also requested a jury trial.

Attempts were made to reach a representative of the hospital and Cherry's attorneys, but neither could be reached by presstime Monday.

For information, keep reading scntx.com or read Wednesday's edition of the McKinney Courier-Gazette.

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