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Parents file lawsuit related to daughter’s birth injury

Pregnant women who experience pain or complications require immediate medical attention. Failure to respond accordingly puts not only the health and wellbeing of an expectant mother at risk, but also that of the unborn child. The parents of a baby girl recently filed a medical malpractice lawsuit related to birth injuries they contend their daughter suffered as a result of negligence and delayed action on the part of both the attending physician and hospital at which they delivered.

The mother arrived at the hospital vomiting and complaining of abdominal pain. She was examined by medical staff and found to be leaking fluid and blood. A fetal heart monitor was hooked up to measure the heart rate of the unborn baby. While initially the baby's heart rate was deemed normal, it quickly began to drop.

Despite having knowledge of the dangers associated with a baby's falling heart, the doctor and medical staff failed to intervene for approximately 50 minutes. Eventually an emergency Caesarean section was performed on the mother and the baby was delivered. It became apparent, however, soon after birth that the baby had suffered irreversible brain damage as a result of lack of oxygen.

The parents of the baby girl recently filed a medical malpractice lawsuit in which they named both the attending physician and hospital as defendants. In the lawsuit, the couple asserts that defendants were negligent in failing to both recognize fetal distress and take immediate and appropriate medical action. The lawsuit also alleges that hospital staff failed to perform tests customary when an early labor presents and notify the attending physician in a timely fashion when fetal distress was first reported.

The parents are seeking damages related to permanent disfigurement and disability suffered by their daughter as well as mental, physical and emotional distress and suffering. Additionally, the parents are seeking reimbursement of medical expenses.

Source: The Louisiana Record, "Parents of child who allegedly received brain injury during emergency C-section sue," Kyle Barnett, April 18, 2013

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