Personal Injury Lawyer Blog
The following blog entry is written to illustrate an example of a birth injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)
Plaintiff as Guardian ad litem and mother of Baby filed a lawsuit against HOSPITAL, Perinatologist, and OB intern in the Sacramento County Superior Court. The plaintiffs claimed the doctors were negligent when they failed to comply with the appropriate standard of care at the time by failing to order and perform appropriate work up and monitoring, failing to ensure and/or develop a plan for delivery, failing to deliver the baby after completion of the steroids, failing to properly inform Plaintiff of the risks and benefits of premature delivery against the risks of expectant management, failing to keep the mother on the labor and delivery unit instead of moving her to MBU, and failed to regularly monitor the patient after transfer to MBU.
Plaintiff asserted Perinatologist was negligent when she failed to examine her upon admission but charged for services.
Plaintiff contended HOSPITAL was also liable for the failure of its nurses and employees to comply with the appropriate standard of care at the time. The plaintiff also asserted OB intern was acting within the scope of his employment with HOSPITAL.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The plaintiffs sought damages for the impairment of the parent-child relationship, Baby’s injuries and disability, $722,000 in past medical expenses, over $4 million in future medical expenses, pain and suffering, and the child’s inability to enjoy life. They also requested compensation for the mother’s mental anguish, her medical expenses, loss of services of her daughter, and loss of quality of life.
HOSPITAL denied negligence and contended OB intern was under a fellowship. OB intern was allegedly under the supervision of attending physician Perinatologist.
Perinatologist denied the plaintiff’s allegations. Perinatologist contended the care and treatment provided to the patient was appropriate and within the standard of care at the time. The perinatologist said her conservative course of expectant management was appropriate and the best course for a stable mother and a stable baby.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.