A $33.8 million judgment is reached in a malpractice lawsuit. Marla Dixon, 19, was in the middle of her labor with her soon-to-be born baby boy, in the final crucial moments, when her obstetrician, Ata Atogho of Metro-Miami Obstetrics and Gynecology in North Miami Beach, arrived in the hospital room at North Shore Medical Center in Miami, Florida. Atogho worked at the federally funded Jessie Trice Community Health Center, which helps many of Miami's low income and uninsured residents, at the time of Dixon’s delivery. He ordered the nurses aiding Dixon to restart a drug used to induce her contractions, then failed to perform a proper Cesarean section (C-section). During these critical moments of delivery, the doctor walked away from Dixon's side for long periods of time, including to retrieve an eight-minute phone call from his stockbroker.
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Atogho actually delivered multiple babies that year, who suffered brain damage or were otherwise disabled for life. In one case, which has not yet gone to trial, a baby was delivered by Atogho in May of 2013. The mother, 19, accused Atogho of ignoring signs that her baby was in distress and waiting too long to perform an emergency C-section, causing permanent brain damage to her daughter. All injured infants were born to teenage mothers under the care of Jessie Trice physicians.
Atogho claimed a head nurse at Dixon's delivery had indicated the patient did not wish to proceed with the C-section. However, that same nurse testified against Atogho at trial before the judgment was reached, stating this simply wasn’t true. "Up until then, it was [Dixon's] word against the doctor's," attorney Richard 'Bo' Sharp, who is representing Atogho, said. Using the testimony from the nurse on duty with the multitude of other evidence against the doctor, U.S. District Judge Robert Scola issued a verdict in favor of the family, and the couple is hoping the court's judgment will assist them with the financial needs of providing 24-7 round-the-clock care for their son. Although a judgment was reached, Atogho has not received a reprimand and no other disciplinary action has been taken against his Florida medical license for the incident. He’s not personally liable for the $33.8 million judgment, either. The government will cover the bill, since Atogho was employed at the federally funded medical center, where he began working in 2012, and signed a contract assuring he would be paid $350 for every child he delivered. “Over those years we’ve delivered tens of thousands of babies,” Annie Neasman, president and CEO of Jessie Trice, said. “For the most part, there have not been issues with the delivery and the quality of our services.” Atogho personally delivered 2,000 babies prior to Dixon’s son.
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A doctor called his broker during a delivery. It will cost $33.8 million.Miami doctor’s call to broker during baby’s delivery leads to $33.8 million judgment
