BAKERSFIELD, Calif. (KERO) — If Demi Dominguez had stayed in the hospital, family attorney Courtney Rowley said she and her baby would still be alive.
Opening statements began Thursday in Dominguez v. Mercy Hospital of Bakersfield at Kern County Superior Court, where Judge Thomas Clark is presiding. I was inside the courtroom as both sides laid out their accounts of the care Dominguez received before her death in April 2019, and jurors began hearing from witnesses.
Dominguez was 23, expecting her first child and weeks away from graduating from California State University, Bakersfield.
She and her partner, Xavier, had just moved into their first apartment and were preparing for their baby's arrival. Her mother, Tracy, testified that Dominguez also had plans to pursue a master's degree in psychology to help children with disabilities.
In April 2019, Dominguez went to Mercy Southwest Hospital with swelling and high blood pressure.
She was discharged the next morning; leaving unexpectedly with only a prescription for blood pressure medication, Tracy testified. Three days later, Dominguez suffered a seizure and died.
Her newborn son, Malakhi, died hours later. Seven years later, her family argues both deaths were preventable.
Expert testimony
Dr. Michele Milovina, testifying for Dominguez's family, said 29 of Dominguez's 47 blood pressure readings were abnormal; five reached the severe range, and one climbed to a systolic reading of 171.
Milovina also testified that Dominguez's urine protein-to-creatinine ratio was 1.2, four times the 0.3 diagnostic threshold used in evaluating preeclampsia.
Milovina referenced guidelines from the American College of Obstetricians and Gynecologists, explaining that severe-range blood pressure can require immediate hospital treatment. She testified that Dominguez should have remained hospitalized and received IV magnesium sulfate to reduce her risk of seizures.
In Milovina's opinion, both deaths were more likely than not preventable with appropriate medical care.
Milovina testified that Dr. Arthur Park ordered a 23-hour observation period, but that Dominguez was discharged in less than 17 hours, according to Milovina's testimony.
Milovina further testified that she found no clear documentation of Park personally examining Dominguez at any point during her hospitalization, a claim Park has disputed.
Park disputes the findings
Park, representing himself, disputed those findings, arguing that blood pressure readings can fluctuate because of stress, movement and other factors. He said he relied on nurses' reports about Dominguez's condition and on laboratory results.
In previously recorded sworn testimony played in court, Park acknowledged he did not personally review certain laboratory results before discharging Dominguez. He said knowing the elevated urine protein result would have led him to keep her hospitalized longer.
Mother takes the stand
Tracy took the stand, describing her daughter as her best friend, the missing piece of their family and the heart of their home. Tracy testified that she stayed with Dominguez for much of her April 15 hospitalization but never saw Park.
She said Dominguez unexpectedly returned home the following morning with a prescription.
In an earlier interview with 23ABC, Tracy Dominguez spoke about carrying her daughter and grandson's legacy.
"But I know that I'm carrying her legacy. I know that she's saving lives. Malachi is saving lives," Tracy Dominguez said.
Jurors are expected to return Monday, Oct. 19, at 9:30 a.m. at Kern County Superior Court.
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