Hospital’s Malpractice Caused Death of Newborn, Lawsuit Charges

Tracy Ray | January 17th, 2013

Birth Injury Brain DamageMedical malpractice and failure to perform an emergency C-section caused the death of a newborn baby, according to a lawsuit filed by the baby’s grieving parents. The complaint against St. Mary Medical Center was filed on November 9, 2012 in the Court of Common Pleas, Bucks County, Pennsylvania.

Botched delivery caused collarbone fracture, cardiac arrest, and brain damage,  plaintiffs allege

The birth injury lawsuit alleges that the medical team attending the birth of the child made mistakes during the difficult delivery that caused the child to suffer a fractured collarbone, asphyxia, extensive hematoma, cardiac arrest, and hypoxic ischemic encephalopathy (brain damage caused by lack of oxygen) resulting in his death on June 14, 2012 at the age of only one day old.

The plaintiffs’ birth injury lawyer states that during delivery, shoulder dystocia occurred, meaning that the baby’s shoulder was wedged behind his mother’s pubic bone, so he was unable to progress down the birth canal. At this point, the lawyer contends, an emergency C-section should have been performed. Instead, the medical team attempted to rotate the baby manually, causing him to suffer a broken collarbone. The prolonged labor and complications also caused him to suffer severe asphyxia, cardiac arrest, and a traumatic subgaleal hematoma, all of which could have been avoided with a timely C-section, the lawsuit alleges.

Newborn taken off life support

When the baby was born, he had a blue tint to his skin (cyanosis), was not breathing, had no pulse, and was floppy. He was rushed to intensive care, where he was diagnosed with severe hypoxic ischemic encephalopathy with minimal chance of recovery. The parents were told that their baby would not ever be able to live without artificial life support. Following the doctors’ recommendation, the sorrowful parents consented to discontinue life support, and the one-day-old newborn passed away of terminal respiratory failure on June 14, 2012.

The parents’ birth injury lawyer argues that if the medical professionals overseeing the birth had properly diagnosed and managed the difficulties during the early phases of labor, and ordered a timely C-section, the baby would not have suffered the severe birth injuries that resulted in his death.

Birth injury litigation

When medical professionals are negligent and fail to live up to the standard of care, causing injury or death to a newborn, birth injury litigation can expose the medical malpractice or negligence, hold the responsible parties accountable, and provide financial compensation to the family for their child’s pain and suffering and medical expenses. Balkin & Eisbrouch is a leader in the field of birth injury and malpractice litigation, with more than four decades of experience. We will pursue justice for your child and seek to recover the damages you and your child are entitled to. Call today for a free evaluation. There is no cost unless we win you a settlement.

  1. NYU Medical Center, Hypoxic Ischemic Encephalopathy.

  2. Maidstone Hospital £10m payout over birth mistakes.