The birth of your child should be one of the best days of your life. However, what was supposed to be a joyful day turned tragic for one mother after her daughter died during childbirth. The mother has filed a lawsuit against the hospital and doctor stating that they were negligent and failed to provide proper care in order to prevent injuries. The lawsuit was filed in Cook County and is requesting a jury trial and a judgment of more than $50,000.
Mistakes during Delivery
For most women, the labor and delivery process progresses without any serious problems. Unfortunately, sometimes there are complications which can cause severe injuries or, in rare circumstances, death. When complications present themselves, the doctors and other members of the medical team need to make decisions and take quick action. If medical assistance is not immediately rendered, complications can take a serious and deadly turn for the worse.
Monitoring Is Important
During labor and delivery both the fetus and the mother are monitored. It is very important to ensure that the baby is never in distress. If any distress is noticed both baby and mother must be immediately assessed. If the baby is experiencing deprivation of oxygen it is considered a medical emergency. The baby needs to be delivered immediately, possibly by c-section. The point of using a monitoring device is to be able to quickly be made aware of a problem. In this case, it seems that there was either no monitoring or there was no medical personnel paying attention to it.
Infant Died During Birth
The baby in this case died at some point during the delivery process and was declared dead at birth. This would not technically qualify as a stillborn birth because the baby had a heartbeat and pulse immediately before the birth. The infant mortality rate in the U.S. is quite low. Fewer than 6 births out of 1,000 infants die within the first year of life. The U.S. ranks quite low as compared with many other countries. This is likely because of the increased technology and medical advances over the past decades. Sadly, the baby in this case suffered physical injuries and was delivered dead, according to the lawsuit.
Doctors and other medical personnel are expected to provide a high level of care to patients. When they fail to do so, they could be responsible for serious injuries or even death. Improper care or mistakes rise to the level of negligence if the doctor knew that their actions, or failure to act, could cause harm or death to an individual. The doctor in this instance should have known that failure to exercise proper care while delivering the baby could cause serious harm, or death.
Certainly there is nothing that can be done to change the outcome in this case. The mother is seeking compensation to cover the medical expenses and other costs that were incurred because of the baby’s death. The woman is likely distraught and suffered a great deal of emotional damage due to the doctor’s negligence. If your baby was injured at birth, you may be entitled to compensation. Call the compassionate legal team at Levin & Perconti for a consultation.
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