The anticipation of having a child for one local couple turned into the worst tragedy of their lives.
In November 2004, Teresa and Robert Bailey were expected to give birth to their first son, Tyler Steven.
Teresa Bailey was ordered to the hospital for delivery because her amniotic fluid was dangerously low.
Even under these circumstances, the Baileys claim it was 17 hours before a obstetrician ever saw her.
"The nurse kept leaving us alone with an intern," says Teresa Bailey.
The next morning when Tyler was delivered, the Baileys say he was born dead.
"He wasn't moving, he wasn't crying, he was gray," she recalls.
Their attorney, Julie Parker, filed a lawsuit suing Dr. Christopher Lafferty and Dr. Charles Kreitzer.
Both doctors were responsible for Teresa Bailey's treatment while she was at Sharp Mary Birch Hospital for Women.
The lawsuit has also been filed against the hospital, and it accuses the hospital of covering up Tyler's real cause of death. The death certificate states Tyler died of an unspecified respiratory disorder. Parker maintains he died of cord compression due to lack of medical response.
The lawsuit says Tyler's heart rate was dropping fast.
"The night doctor (Kreitzer) didn't do his job. He never stepped into the room," Parker says. "He didn't notice when the strips were showing the baby's heart rate was dropping over and over again."
Parker accuses the nursing staff of not alerting the doctors either.
"The nurse didn't tell the doctor the baby was coming down vaginal canal like it should be doing," Parker says. "In fact, the baby was wedged in the same place for hours and hours."
The California Department of Public Health investigated this case and cited the nursing staff for not following proper procedure.
According to the report, "the nursing staff failed to follow the facility's policy and procedure to apply a fetal spiral electrode (internal fetal monitoring), or call the physician."
A complete copy of the complaint can be viewed on the I-Team's Investigation Blog
Baby Tyler was born at 9:35 the next morning, and efforts to resuscitate him failed. He was later pronounced dead.
"We knew our baby should've been born hours ago," says Teresa Bailey.
The Baileys' attorney now accuses the hospital of covering up Tyler's real cause of death and discarding key pieces of evidence.
"The umbilical cord went missing," she says. Parker says after her clients warned the hospital they were going to get a second opinion, the baby's internal organs were burned and slides of his brain never recorded. She says, "This baby was born floppy and limp because of cord compression and now they're trying to deny it."
Sharp Mary Birch Hospital for Women declined an on-camera interview with 10News, but did reply in writing:
"While Sharp Healthcare cannot directly comment on this matter due to pending litigation and patient privacy issues, we have thoroughly addressed all questions previously with the Bailey family. We disagree with the sequence of events and key information as presented in the lawsuit and will communicate the facts of this case in court. We remain committed to providing the highest quality of medical care to our patients and again extend our condolences to the family for their loss."
This case goes to court in October.
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