A recent out-of-state case reflects many aspects of a medical malpractice suit that may be found in New York. The woman is suing the doctors, midwife and two medical care centers after her baby died during birth. Cases of birth injury are always devastating, but it is important to note that these cases occur, and there are legal courses that can be taken.

The woman had a difficult pregnancy and was admitted to be induced after 40 weeks and two days. The drugs Piton and Oxytocin were administer, but the lawsuit claims that there were indications throughout the process that the baby was experiencing fetal distress. An hour and a half after the drugs were administered, the baby was delivered but was not breathing and did not have a heartbeat. One hour later, the baby was pronounced dead. The suit claims that there were no reactions on the part of the care team to the fetal distress during the process and as a result, the baby died. Additionally, the suit claims that had a cesarean section been performed, the baby would have survived.

The alleged inadequate monitoring of the baby during the labor process is of major concern in this case. The mother is seeking compensatory damages as a result of the baby's death. It is never easy to read about or discuss cases like this one, but it is important for parents and patients to understand that they are entitled to a certain level of care. If the proper protocols are not followed, there may be grounds for a medical malpractice case.

Source: The Dispatch, "Mother files medical malpractice suit against LMC in death of baby" Darrick Ignasiak, Nov. 18, 2013


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