BAKERSFIELD, Calif. (KGET) — A verdict has been reached in a yearslong, high-profile medical malpractice case. A former Bakersfield gynecologist has been ordered to pay millions to a family who lost a mother, and a baby, but an old California law cuts that verdict by millions.
A jury awarded a $9.5-million verdict to the family of Demi Dominguez. Arthur Park was also found negligent and to be a substantial factor in the deaths of Demi and Malakhi DeLeon.
“It’s been a crazy journey, I know it’s not over, but I’m glad to have this portion of the story over,” said Xavier DeLeon, Malakhi’s father and Dominguez’s fiance.
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The family will not receive the jury’s full award, because the case was filed when a California law maxed jury awards from findings of malpractice to only $250,000.
Dominguez’s family is only receiving $250,000, but according to Arthur Park, who represented himself said he can’t pay.
“Hell no. If I could have paid for it, I would have had an attorney,” Park told 17 News on Wednesday.
Seven years ago, 23-year-old Demi Dominguez was eight months pregnant and being treated by Park for high blood pressure and swelling. He sent her home, she died of a seizure just days later. Her baby Malakhi also died.
Dominguez was exhibiting signs of pre-eclampsia, a disease most commonly found in women going through their first pregnancy. Park could have prevented Dominguez’s death said Courtney Rowley, the family’s attorney.
The family worked to change the law that kept malpractice cases to small payouts. In 2022, due to the family’s advocacy, Assembly Bill 35 was passed to increase the cap on malpractice cases.
“This family worked to change legislation for the family’s in the future. This law change does not apply to this case,” said Patrick Logan, Dominguez’s attorney.
After the verdict, her fiance, Xavier DeLeon, spoke about Demi: “Thank you for everything that you taught me throughout this journey. Thank you for being a part of the strength that I have.”
Arthur Park, who relinquished his license in 2021, can no longer practice. He says he hasn’t worked in five years.
“I feel really bad that this happened. I did offer to pray for them when I came out and they said no,” said Park.
Another doctor was named in the suit, Hans Yu, who Demi saw after being treated by Park, but he settled with the family out of court. That amount is unknown, but Park blames Yu’s treatment of Demi and Malakhi.
“The judge told me that I would have done a lot better if the Yu wasn’t dismissed just before trial,” said Park
It was a case followed by maternal health advocates across the state. Michele Monserratt-Ramos is with advocacy group Consumer Watchdog, who helped the family in their legal and legislative battles.
“The service that the jurors made in their verdict today represents Demi and Malakhi but also represents hundreds of babies and mothers that lost their lives,” Monserratt-Ramos said.
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