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Birth Injury Lawsuit Filed After Baby Left in Plastic Bin for Four Hours

A new birth injury lawsuit reported in the Tennessean makes damaging allegations against a team of medical professionals involved in the birth of a young boy. It is a unique set of claims that our Chicago birth injury lawyers have rarely seen before. The medical malpractice lawsuit was filed by the mother of the child who is now a toddler. The suit essential claims that the medical team left the boy for dead after his birth, only realizing hours later that the child was still alive.

Per claims in the lawsuit the young victim was born in mid-June of 2009, but the youngster had challenge from the beginning. The boy was born with an irregular heart rate and was born with abnormal gasping breaths. Upon his birth a nurse noted that the child “made a small cry at delivery and had movement of arms and legs.” In other words, the child’s condition was damaging, but there were clear signs that it was fighting for its life. However, the boy’s mother claims that the doctor who led the team which delivered the child decided unilaterally-without any guidance from others involved in the birthing process-that the child was not going to be able to survive. As a result of that decision, the medical team essentially stopped providing emergency care for the newborn.

The birth injury lawsuit claims that the medical team placed the baby in a plastic bin and left the body on the counter-waiting for the family to decide what they would like to do with the body. However, nearly four hours later a nurse who passed the area took a look at the child and noticed that the baby was still gasping for breath. The nurse took action, called in emergency personnel, and the child received resuscitation therapy. The child was transferred to a different hospital where his condition stabilized. He remained at the facility for three months while receiving specialized care. Amazingly the child survived and is now living with his family.

However, the four hour delay in receiving any medical care was not without consequence. The boy suffered a debilitating brain injury (among other problems) caused by, according to the complaint in the suit, the doctors failure to provide “timely and appropriate diagnosis, intervention, treatment, and care.” The medical malpractice attorney involved in the case noted that if normal procedures and reasonable care had been provided to the young child then a pediatrician should have been called in immediately to resuscitate the child and he should have been sent to the neonatal intensive care unit. None of those steps were taken, however.

If the allegations in this latest lawsuit are true, then this case represents an egregious lack of care provided by a medical professional, leading to significant consequences for the child victim. When it comes to saving the life of newborns and to preventing permanent and life-altering injuries, time is of the essence. Even minutes of delay in proper treatment can mean the difference between a normal life and one marred by brain injuries or physical disabilities. A delay of four hours would undoubtedly have severe consequences. Additionally, it remains shocking to learn that medical care providers would be unable to determine whether or not a child has the chance to survive or to at least performing all possible medical maneuvers to give the child the best chance possible.

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