The birth of a child, which is often a dream come true for parents, could become their worst nightmare if mistakes are made by medical staff in the delivery room. No family in New York or elsewhere wants to see their newborn suffer life-changing birth injuries that could have been avoided. A family in a neighboring state recently filed a medical malpractice lawsuit, alleging medical negligence at the time of their baby’s birth.
The parents filed the claim on their own behalf and that of their child. The complaint states that the mother went into the medical facility to give birth in Aug. 2014, at which time the defendants allegedly failed to accurately estimate the size and weight of the fetus. The plaintiff claims that, due to this error, the defendants failed to order a Cesarean section delivery, which would have prevented the birth injury.
The lawsuit states that the failure to diagnose fetal macrosomia led to the need for excessive, forceful pulling during the birth process. Macrosomia is the term used for a newborn who is significantly heavier and larger than average newborns. This allegedly resulted in the minor plaintiff being diagnosed with irreversible and permanent brachial plexus injury.
New York parents who find themselves in similar circumstances can also pursue recovery of damages. Although nothing could change what happened, a successful birth injuries claim could provide a monetary judgment that may cover medical costs and other needs of the child for past losses and future expenses. This is a complicated field of the law, and such a lawsuit might be best navigated by an experienced medical malpractice attorney.
Source: pennrecord.com, “Philadelphia parents allege negligence caused child’s injuries during birth”, Louie Torres, Sept. 1, 2017