A recent lawsuit was filed on behalf of a child born with extensive brain damage as the result of alleged medical malpractice at birth, according to the complaint. The lawsuit was brought against the federal government for actions that took place at an army medical center. According to the complaint, personnel at the medical center were negligent in several different ways, including failing to appropriately monitor and report signs of fetal distress, failing to perform a timely emergency C-Section and inappropriately administering Pitocin during delivery.
While not all birth injuries are the result of negligence, when doctors, nurses and other health care professionals fail to follow the appropriately standards of care, and an injury occurs it may be possible to bring an action for medical malpractice, and the responsible parties may be required to pay damages that resulted from the negligent care.
In this instance, the mother suffered from gestational diabetes and numerous signs during her pregnancy indicated that she may have complications during labor and delivery. The mother was petite, and at 36 weeks, the infant weighed over 7 pounds. When she started labor a week later, the infant was over 8 pounds. The mother instructed the medical staff that if any complications should arise, that she wanted to have a C-Section.
During labor and delivery several complications did arise. The labor progressed slowly so the staff delivered Pitocin to accelerate her contractions. However, following the administering of the Pitocin, the baby showed signs of fetal distress, indicating the potential need for an emergency C-section. However, the C-Section wasn't performed. Additionally, during the eventual vaginal delivery, the child's shoulder became stuck in the birth canal – two medical students tried to correct the shoulder dystocia but were unsuccessful, leading to a further delay in delivery. When the child was delivered, it had a low APGAR scores and required intubation. An exam 5 days later revealed that the baby had suffered severe brain damage during birth and would require a lifetime of medical care.
The lawsuit seeks damages to provide for medical care and expenses the child will need throughout her life.
For more information or if you believe that your child may have received a birth injury as the result of negligent medical care, please contact the experienced California birth injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.