Obstetrical Negligence Lawsuit Names Doctors Responsible for Child’s Brain Injury

Stephanie Reid | May 30th, 2014 | Posted in Cerebral Palsy Lawsuit News

Obstetrical Negligence Lawsuit Filed Over Newborn's Brain Damage In a lawsuit filed April 29, 2014, a child is claiming $30 million in damages against several doctors and residents having attended her birth at the University of Massachusetts Memorial Medical Center. The plaintiff, whose case was filed on her behalf by her mother, was born in May 2007 and has since suffered irreparable and debilitating brain damage. The lawsuit is pending in the Massachusetts Superior Court in the County of Suffolk.

Birth injury malpractice lawsuit alleges failure to timely deliver

The plaintiff raises four separate counts of negligence, each count against one of the doctors or medical residents assigned to her care while admitted for labor and delivery. According to allegations, the defendants failed to deliver the child in a timely manner – presumably resulting in fetal distress and possible other complications giving rise to the plaintiff’s resulting traumatic brain injuries.

The plaintiff is seeking damages to redress her financial injuries, which include:

  • The need for lifelong medical assistance and round-the-clock nursing and medical care;
  • Loss of earnings and wages for plaintiff’s entire lifespan;
  • Pain and suffering, including loss of ever enjoying a normal life.

The complaint asserts that plaintiff and her mother were admitted to the hospital for a period of five days. However, the factual allegations do not specifically allege at what point during admission the negligent acts took place.

According to medical data, traumatic brain injuries are most common during labor delivery as a result of any of the following scenarios:

  • Prolapse of the umbilical cord, causing a reduced flow of oxygen
  • Undiagnosed preeclampsia, hypertension or problems with the mother’s placenta
  • Overuse of Pitocin to induce labor
  • Compression of the umbilical cord
  • Allowing the baby to remain in the birth canal for too long
  • Physical trauma to the skull, brain or neck during delivery (e.g., through the use of forceps or vacuum extraction)

Plaintiff alleges a failure to adhere to ‘average’ obstetrical care protocol

As is generally claimed in a birth injury malpractice lawsuit, the plaintiff has alleged her doctors deviated from the universally-accepted standard of care imposed on the average obstetrician engaged in the practice of delivery babies.

The plaintiff’s negligence counts alleged the following:

  • Failure to render the average skill and care required of an obstetrician;
  • Failing to take into account advances in the profession;
  • Failure to adhere to a documented birth plan as appearing in hospital records;
  • Failure to properly practice the profession of obstetrics.

In general, a malpractice plaintiff must prove that, but for the defendants’ alleged breach of the duty of care, the plaintiff would not have suffered her physical and financial harms. The civil lawsuit process is designed to make the plaintiff financially “whole” again and is meant to redress losses incurred as a result of the defendants’ acts or omissions.

Compassionate representation for birth injury malpractice clients

The experienced and knowledgeable birth injury attorneys of Balkin & Eisbrouch understand the unique facets of a medical malpractice lawsuit. In cases involving injured children, our attorneys are prepared to help parents work through the emotional, but rewarding, civil litigation process. For help with your birth injury lawsuit, contact Balkin & Eisbrouch today: 855-60-BIRTH.


  1. BirthInjury.org: Cerebral Palsy: Labor & Delivery Causes, http://www.birthinjury.org/brain-injury-cerebral-palsy-labor-delivery-causes.html

  2. National Institutes of health, Birth trauma and brain damage, http://www.ncbi.nlm.nih.gov/pubmed/3046800