A recently filed medical malpractice lawsuit alleges names the United States as a defendant in a birth injury lawsuit. The case was filed based on alleged negligence that took place at a government owned Family Care Heath Center. According to documents, a midwife employed at the facility was reckless and negligent during the labor and delivery of a child. As a result of her negligence, the complaint alleges, the baby now suffers a serious personal injury. A claim for medical malpractice may exist where a health care provider fails to meet the requisite standard of care, and as the result of this breach – an injury occurs.
In this instance, a mother presented at the hospital for labor and delivery. The complaint asserts that the unborn child showed signs of shoulder dystocia. Shoulder dystocia occurs when a baby's shoulder becomes stuck behind the mother's pelvic bone. The failure to properly remedy this situation can lead to serious injuries such as a brachial plexus injury or a brain injury as the result of a lack of oxygen or blood flow. Additionally, a mother may also suffer injuries or complications. Where a health care provider fails to take effective action to prevent shoulder dystocia from causing a birth injury or neglects to assess the risk factors of your individual circumstances, they may be guilty of medical malpractice.
One common method to address this complication is to perform an immediate emergency C-section.
Here, the child suffered a brachial plexus injury and the family is seeking compensation for the harm caused, including medical expenses, mental and physical pain and suffering, and lost enjoyment of life.
For more information, or if you believe that your child suffered a birth injury as the result of a medical malpractice, please contact the experienced California birth injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.