Texas Parents Claim Malpractice Caused Child’s Cerebral Palsy

Jacky Gale | March 6th, 2014 | Posted in Cerebral Palsy Lawsuit News

Pitocin Birth Injury Lawsuit

A mother and father from Texas have filed a Pitocin birth injury lawsuit, naming Lake Pointe Medical Center, its healthcare network, a physician, and two nurses as the defendants. The parents claim that medical malpractice during the delivery caused their child to develop cerebral palsy. The lawsuit was filed on January 22, 2014 in the District Court of Dallas County.

The parents of the minor child are claiming that the defendants conspired to commit illegal acts, which resulted in financial loss, physical disability, and emotional anguish for the plaintiffs.

Physician & nurses allegedly violated standards of care

This cerebral palsy lawsuit gives few details about the birth itself. However, it does note that the mother presented to the medical clinic for the induction of labor on January 23, 2012. At 2:15 a.m. the following morning, the minor child was born via emergency C-section. Shortly after birth, the boy was diagnosed with hypoxic ischemic encephalopathy (HIE), which caused cerebral palsy.

The lawsuit charges the physician with failing to uphold the standards of care. The parents contend that the boy’s birth injuries are the result of the physician’s “failing to do that which a physician of ordinary prudence would have done… and/or by doing that which a physician of ordinary prudence would not have done” during the labor and birth.

Reportedly, the doctor failed to obtain informed consent to induce labor with Pitocin. The lawsuit claims he ruptured the mother’s membranes and otherwise administered Pitocin incorrectly, increased the dosage inappropriately, and instructed the mother to push despite her cervix not being dilated sufficiently. The complaint notes that Pitocin continued to be used even after fetal intolerance of labor was detected. Furthermore, the physician is being charged with failing to obtain the services of another doctor after he became unavailable to the plaintiff.

The two registered nurses named as defendants also allegedly violated standards of care. The lengthy list of allegations includes their failure to communicate appropriately with the physician, inappropriately administering Pitocin, and causing the overdose of the mother on Pitocin.

Despite evidence of fetal hypoxia, the nurses reportedly continued administering Pitocin and failed to take appropriate action.

Minor child endures lifelong complications

As an alleged result of these acts of medical negligence, the minor child is expected to suffer from lifelong complications of cerebral palsy. Hypoxic ischemic encephalopathy (HIE) is a condition in which the brain fails to receive sufficient amounts of oxygen. This life-threatening condition is characterized by the death of brain cells, which occurs within minutes of oxygen deprivation.

Cerebral palsy is a disorder that involves abnormal muscle tone, posture, and movement. Although the Pitocin birth injury lawsuit fails to identify the specific challenges the minor child faces, cerebral palsy commonly causes difficulties with muscle coordination, walking, swallowing, and eating.

The minor child may have rigid or floppy muscles, involuntary movements, and speech delays. Neurological problems are often associated with cerebral palsy, including vision and hearing impairment, seizures, intellectual disabilities, and more. For their son’s injuries, these Texas parents are demanding compensation in excess of $1 million.

Balkin & Eisbrouch attorneys are well-versed in the dire consequences of birth injury malpractice. If you suspect your child was harmed by negligent care, call our offices to schedule a free case evaluation at 855-60-BIRTH.