The birth of a baby should be a happy day for parents. However, for one family, the joy of birth quickly turned to despair when their newborn infant died just minutes after she was born. The infant’s mother filed a lawsuit in Cook County alleging the doctor and hospital failure to provide proper obstetrical care. According to the lawsuit, the medical team did not take steps necessary to ensure a safe birth and therefore, the baby died. The lawsuit seeks damages of more than the jurisdictional limits and is requesting a trial by jury.
Proper Procedures Not Followed
The newborn death rate in the United States is lower than in many other countries, however, there are still mistakes that may occur during labor or delivery. Hospitals should follow the proper procedures during labor to reduce the risk of complications during birth. One of the procedures that was not followed in this case, according to court documents, was monitoring of the baby’s heartbeat through ultrasound. The baby apparently experienced some trauma which would have been quickly detected through monitoring. The baby should have been delivered immediately, possibly through cesarean section.
The baby in this case died just 24 minutes after birth. The mother alleges that the doctors and other medical staff were negligent in their care during labor and delivery. Of course, most births occur without incident, but when a problem happens, doctors must be prepared to handle the emergency. In this situation, that apparently did not occur. The lawsuit names the doctor as well as Advocate Good Samaritan Hospital, in Downers Grove, and DuPage Medical Group. The suit states that improper care was provided, which caused the death of the baby girl.
When a baby suffers serious injuries or dies at birth, the parents are devastated. Instead of bringing home a wonderful bundle of joy, they instead need to plan funeral services. Sadly, some birth injuries or deaths can be prevented. When doctors make mistakes, the consequences can be deadly. Other times, birth injuries occur, which can often be disabling.
Seeking Justice for Birth Injuries
Often, legal action may be the last thing on the minds of parents after their child has suffered a serious birth injury. But the fact is, if the injury was due to medical negligence, the family may be entitled to compensation. Of course, no amount of money can make up for the injuries to a child, but there are likely costly medical expenses to be paid, and other costs that could be a burden to the family. Additionally, the parents may be compensated for the child’s loss of enjoyment of life, and for future medical care that will be necessary. In such instances, a legal claim may be filed, which typically must be done within the first two years after the incident.
Families should seek justice for the negligence of the doctors or other medical professionals who caused the injuries or death. If your baby suffered injuries at birth, call the compassionate legal team at Levin & Perconti to learn more about filing a claim.
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