Texas Parents Allege Negligence Caused Child’s Brain Damage

Tracy Ray | February 18th, 2013

ultrasoundIn a lawsuit filed on December 27, 2012, a Texas family charges that their child suffered brain damage because of the negligence of the obstetrician and medical staff at Bayshore Medical Center, the hospital where the baby was delivered. Specifically, the plaintiffs allege that the obstetrician failed to note and report problems in the medical condition of mother and child, failed to perform an emergency C-section in a timely manner, and failed to diagnose and treat the baby’s condition that led to permanent brain damage. The lawsuit was filed in the U.S. District Court for the Southern District of Texas.

“Res ipsa loquitur” invoked by attorney

In the birth injury lawsuit, the plaintiffs’ attorney invokes the legal doctrine known as “res ipsa loquitur” (Latin for “the thing itself speaks). This doctrine is used in negligence cases to mean that a breach of care can be inferred from the injury or negative outcome, even without specific evidence of how the defendant behaved negligently.

In this case, when the mother entered Bayshore Medical Center at full term to deliver her child, the obstetrician and other healthcare professionals did not observe or document any problems in the medical condition of mother or child. Yet the baby was born with brain damage, from which it can be inferred that something significant was wrong that was missed by the medical team. Although a C-section was performed, it was delayed, and when it was finally done, it was not done in an operating room. In addition, the attorney alleges, following the C-section, the medical team failed to properly diagnose the newborn’s condition and perform the necessary medical treatment to prevent the baby from sustaining permanent brain damage.

The lawsuit contends that if the medical professionals had properly observed and documented the unborn child’s medical issues, performed an emergency C-section in a timely fashion and in a proper operating room, and immediately administered the correct medical treatment, the child might not have suffered brain damage.

The lawsuit also holds the hospital liable under the doctrine of “respondeat superior,” which means that the hospital is responsible for damages caused by the actions of medical professionals who are working within the scope of their employment at the time.

The plaintiff family is seeking compensatory and punitive damage for the child’s past, present, and future medical expenses, loss of future earning capacity, mental anguish, loss of future household services, and loss of consortium (i.e. the parent/child relationship, which is now impaired because of the child’s brain damage).

Brain damage litigation

If your child suffered brain damage or other injury because of medical malpractice or negligence, the expert attorneys at Balkin & Eisbrouch can help. We have fought on behalf of malpractice victims for more than four decades, and we will seek justice and financial compensation for you and your child. Call us today for a free evaluation of your legal case. There is no fee unless we win you a settlement.

  1. Boy left brain damaged at birth wins £7.1m compensation. http://www.guardian.co.uk/society/2013/jan/09/teenager-brain-damage-compensation

  2. Tish Kraft (2012, November 2) Asphyxia Brain Damaged 2nd Twin, Mom Says, Courthouse News Service. http://www.courthousenews.com/2012/11/02/51914.htm