New Brain Damage Lawsuit Filed in Texas District Court

Ava Lawson | February 4th, 2013 | Posted in Cerebral Palsy Lawsuit News

C Section Mistakes LawsuitA Texas couple filed a new brain damage lawsuit, alleging that their child suffered severe and permanent injuries during and after the mother’s delayed Cesarean section. The complaint was filed by the plaintiff’s birth injury lawyer in the District Court of Harris County Texas. Bayshore Medical Center, L.P. Healthtrust Inc. – The Hospital Company, Pasadena Bayshore and Dr. Subha Sundaram, M.D. are named as defendants in the claim.

According to the lawsuit, the defendants failed to provide the required facilities for the plaintiff’s emergency C-section, which allegedly caused the mother’s newborn to sustain permanent brain damage, which will ultimately require a lifetime of expensive medical therapy.

Allegations raised in brain damage lawsuit

Like others who have filed a C section mistakes lawsuit, the Texas plaintiff states that the health care providers and physicians who attended to her childbirth had a duty to provide a competent degree of skill, supervision, facilities and diligence, yet failed to offer this standard level of medical care.  The woman’s birth injury lawyer alleges that by failing to fully disclose the risks and complications of delaying a Cesarean section during a difficult labor, the defendant exercised medical negligence. As noted in the complaint, the plaintiff was forced to wait for an available operating room, as Bayshore Medical Center failed to provide a surgical suite in a timely manner for her emergency C-section.

C-section mistakes are common causes of birth injuries

Further allegations made by the plaintiff say that the defendants failed to properly assess her medical needs while she was in labor, and that nursing staff did not document significant changes of her condition on hospital charts. The Texas parents further accuse Dr. Subha Sundaram of failing to consult a specialist, when the defendant knew or should of known that her knowledge and facilities were inadequate to treat the plaintiff, under the given circumstances. While the exact details of the delivery were not included in the legal documents filed on December 27, the claimant’s lawyers will likely reveal more information as the case goes to trial.

There are many warning signs that a Cesarean section is indicated to help prevent complications associated with fetal distress. Doctors must watch fetal heart rate for irregularities and be ready to act promptly to avoid asphyxia, which often contributes to brain damage in newborns. Babies that experience prolonged periods of reduced oxygen supplies are more prone to birth injuries that result in diagnoses such as cerebral palsy, HIE and other conditions linked to cognitive delays.

Birth injury lawyer fights cases of medical negligence

In this tragic brain damage lawsuit, attorneys are seeking monetary damages for the minor plaintiff to help compensate for necessary past and future medical expenses, physical impairment, pain and suffering, mental anguish, disfigurement, and future lost earning capacity.

If you suspect that your child suffered injuries due to C-section mistakes or any other type of hospital error or negligence, contact the law offices of Balkin & Eisbrouch today to discuss your eligibility for filing a malpractice case. The first consultation is always free and there are no attorney fees unless we win or settle your lawsuit.