Birth injury news reports that a new lawsuit has been filed against a local hospital as the result of potential medical malpractice. According to reports, when the mother was admitted to the hospital to deliver her now 3-year-old child, her membranes had prematurely ruptured. The mother was just over 31 weeks pregnant.
According to the complaint, the doctor who evaluated the mother indicated that he wanted to keep the mother hospitalized for a couple more weeks – until week 34 – but would proceed with labor if she showed any signs of infection. The mother, who was legally blind, was given consent forms, but these remained unsigned.
At a little more than 33 weeks, the mother started experiencing contractions and the doctor ordered Pitocin to help the labor along. However, the mother experienced labor and delivery complications. The baby was finally born after 39 hours of labor, and was in critical condition. Her Apgar scores were 1, 2 and 4 at 1, 5, and 10 minutes. The infant's head was bruised and molded. Brain imaging revealed that the infant had hypoxic ischemic encephalopathy, and now suffers from cerebral palsy, and is profoundly delayed developmentally and cognitively.
Hypoxic ischemic encephalopathy is a form of brain damage that occurs when an infant is deprived of oxygen during the birthing process, and can result in severe delays – whether developmental, physical or cognitive. Often the extent of the impairment cannot be determined until the child reaching 3 or 4 years of age. The effects are permanent, and may worsen with age. Many times, this form of birth injury occurs due to complications that arise during the birthing process. Where a physician fails to respond promptly and appropriately to the situation, he or she may be found guilty of medical malpractice and be held liable for damages.
For more information or if you believe that your child may have suffered a birth injury as the result of medical negligence, please contact the dedicated California birth injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.