Parents File Wrongful Death Suit On Behalf of Newborn

Staff Writer | December 7th, 2012 | Posted in Cerebral Palsy Lawsuit News

In a new wrongful death case filed in the Court of Common Pleas located in Bucks County, Pennsylvania, a man and his wife have filed suit on behalf of a child who they claim died as a result of medical negligence during delivery.

According to the lawsuit filed on November 9, 2012, the plaintiffs allege that the staff of defendant hospital St. Mary’s Medical Center failed to adequately monitor the child’s mother during the wife’s hospital stay at the time of the delivery, and therefore failed to perform a timely cesarean section. Additionally, the suit notes that the medical doctor performed eight attempts at extraction by vacuum in less than an hour, resulting in serious harm to the unborn child, including brain damage resulting in his death.

The plaintiff mother sued the hospital, and Dr. Traci Cook, the medical doctor who was assigned to the patient at the time of the death. A legal principle called respondeat superior holds that a business such as a hospital may be held responsible for the negligent acts of an employee, and therefore allows the plaintiff to recover damages from the hospital if found at fault.

Birth injury lawsuit alleges hospital staff negligence

The plaintiff wife first entered the hospital on June 13, 2012, while in labor. During the birth, she suffered from initial complications, including shoulder dystocia, making it difficult for the mother to push the baby out through natural means.

The plaintiffs allege that the staff of the medical center was negligent in adequately assessing the plaintiff wife’s progress during the first stage of labor, and that they negligently failed to perform a cesarean section when they noted that the wife was not dilating as she should be. They also assert that the number of vacuum extraction attempts was excessive, trying eight times over the course of 52 minutes, allegedly damaging the scalp of the fetus. The plaintiffs claim that the hospital staff should have noticed the potential for injury and should have performed a cesarean section instead. They filed the brain damage lawsuit and wrongful death action with the help of a birth injury lawyer.

Medical negligence

Injuries caused by negligence may lead to hefty expenses due to medical bills, funeral expenses and additional costs. If you or a loved one has suffered harm as a result of birth injuries, cerebral palsy or other complications stemming from medical negligence, you may be entitled to compensation. Recently, a jury awarded a $2.4 million settlement to the family of a child who was delivered prematurely by cesarean section.

Cerebral palsy attorney

For more information about how a cerebral palsy attorney can help you file a brain damage lawsuit or wrongful death action, please contact the law offices of Balkin & Eisbrouch. Our experienced attorneys are here to assist you during this difficult time. All consultations are free of charge.