A family waited seven years for a jury to decide whether a doctor’s negligence contributed to the deaths of a young mother and her newborn son. In California, 23-year-old Demi Dominguez died in April 2019 after being discharged from hospital with symptoms of a serious pregnancy complication. Her baby, Malakhi De Leon, also died shortly after an emergency delivery. On October 21, 2026, a jury found former obstetrician-gynecologist Arthur Park negligent and awarded the two families a combined $9.25 million. However, an older California medical malpractice law means they cannot collect the full amount.According to a verdict announcement published by patient advocacy organisation Consumer Watchdog, the jury awarded $3 million to Dominguez’s mother, Tracy Dominguez, and $6.25 million to Malakhi’s father, Xavier De Leon. The decision followed a trial in Kern County, Bakersfield, concerning the medical care provided before the deaths.
Woman discharged after showing signs of preeclampsia
According to Consumer Watchdog’s account of the case, Dominguez was eight months pregnant when she began experiencing symptoms including swelling, high blood pressure and blurred vision. Concerned about her condition, she sought medical attention at Mercy Southwest Hospital in Bakersfield.Park was the obstetrician-gynecologist responsible for her hospital care. Dominguez reportedly told him about her elevated blood pressure and swelling, but her concerns were not adequately addressed. She remained in hospital overnight for observation but was discharged without being diagnosed with preeclampsia, a potentially life-threatening pregnancy complication characterised by high blood pressure and signs of organ damage.She was instructed to follow up with her regular doctor. However, after her discharge, she visited her regular doctor and was sent home again without a diagnosis. Her condition deteriorated, and she suffered a seizure and died on April 19, 2019. After her death, an emergency Caesarean section was performed to deliver her son, Malakhi. The newborn was critically ill and was eventually transferred to another hospital for further treatment. Despite medical efforts, he died shortly after birth.Preeclampsia can develop during pregnancy and, without appropriate treatment, progress to eclampsia, which involves potentially fatal seizures. The family’s case centred on whether the warning signs should have led to further monitoring and treatment before Dominguez was discharged.
Jury finds former doctor negligent
The wrongful-death case took seven years to reach trial. During the proceedings, the family’s legal team presented evidence concerning Dominguez’s symptoms and the medical attention she received. They argued that the doctor had failed to recognise and respond appropriately to signs of preeclampsia. Park, who represented himself during the trial, argued that stress could raise blood pressure and that he had not been informed of the patient’s concerning readings.The jury ultimately found Park negligent in his care of Dominguez and awarded compensation to her mother and the baby’s father for their losses. Tracy received $3 million for the loss of her daughter, while Xavier was awarded $6.25 million for the loss of his son. The combined verdict amounted to $9.25 million.The family’s lead attorney, Courtney Rowley, said after the verdict that the family had campaigned for changes to the law despite knowing they would not benefit from the reforms. She said, “This family fought so hard for a law to update the medical negligence caps which would not affect them.”
Old California law limits family’s compensation
Despite the verdict, the family faces a significant restriction under California’s Medical Injury Compensation Reform Act, commonly known as MICRA. At the time the lawsuit was filed in 2019, the law limited non-economic damages in medical malpractice cases to $250,000. These damages cover losses such as emotional suffering, loss of companionship and the absence of a loved one, rather than measurable financial expenses.California subsequently passed Assembly Bill 35 in 2022, increasing the limits on non-economic damages in medical negligence cases. However, the changes took effect on January 1, 2023, and do not apply retroactively to lawsuits filed before that date. As a result, the non-economic damages in the Dominguez and De Leon families’ case remain subject to the older $250,000 limit despite the jury’s substantially larger award.The families had also campaigned for changes to the law, knowing that the reforms would not benefit their own case. Their efforts were intended to help other families affected by medical negligence. The verdict therefore represents a significant legal milestone for the two families, but the old damages cap means the compensation they can recover remains far below the amount awarded by the jury.