For soon-to-be parents, quality prenatal care is of the utmost importance. Although finding quality prenatal health care providers is often a difficult undertaking for many people, the task can be even more difficult for women who find themselves behind bars during a pregnancy. Indeed, in a recent decision, Durden v. NaphCARE, Inc., a Georgia federal district court needed to address a medical malpractice claim brought by a female inmate who suffered a stillborn birth while serving time in a detention facility.
The plaintiff in this action learned that she was pregnant in November 2011, shortly before she was to report to Newton County Detention Center (“NCDC”) to serve a sentence for a state court conviction. The principal defendant in this action, NaphCARE, Inc., is a contractor hired by Newton County to provide healthcare and nursing services to inmates at NCDC. The plaintiff had her first appointment with the obstetrician responsible for her care during the course of her pregnancy and incarceration on January 17, 2012. During a visit with the obstetrician on March 13, the plaintiff was diagnosed with an incompetent cervix, a condition that if left untreated could result in a miscarriage or premature delivery. The plaintiff was admitted to Newton Medical Center, where she underwent a procedure involving the insertion of a cervical cerclage to treat the incompetent cervix. The plaintiff was discharged two days thereafter and returned to the infirmary at NCDC. On the afternoon of the day of her return to the infirmary, the plaintiff began to complain of vaginal discharge. The obstetrician was contacted, and he instructed nurses at the infirmary to continue monitoring the plaintiff’s condition.