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Birth injury could lead to medical malpractice claim

On behalf of posted in Medical Malpractice on Wednesday August 19, 2015

Expectant parents in Massachusetts and across the country anticipate the birth of their child to be a time of joy and excitement. However, one woman claims that medical malpractice ultimately led to her daughter’s severe, lifelong disability. Unfortunately, some feel that this woman’s case may be just one example of serious issues at the hospital where her child was born.

The woman claims that she went to the hospital to be induced when she was already 10 days past her due date. When her labor did not progress, a certified nurse-midwife decided to send her home. However, the patient claims that the midwife failed to read monitor strips documenting that the baby was in distress. Two days later, the patient returned to the emergency room, and a doctor sent her straight to the operating room where the baby was born via C-section. Allegedly because of oxygen deprivation, the baby suffered brain damage that has left her in a wheelchair and requires the use of a feeding tube.

A whistleblower regarding the case claims that because the woman fell into the low-income, high risk category, Medicaid law requires that care only be given by a doctor, rather than a nurse-midwife. Unfortunately, this child isn’t the only one who has allegedly suffered as a result of the Indiana hospital’s practice. The whistleblower claims that the baby in this case was one of three suffering similar injuries during a period of six months. She cites at least 17 cases of harm or near misses in similar cases.

When medical malpractice leads to birth injuries, parents in Massachusetts are left attempting to provide for the health care needs of their children. Successfully managed litigation can help ensure that children receive proper medical care and can also potentially protect other children from suffering similarly. A civil lawsuit can also bring attention to a health care provider, often prompting a hospital or doctor to examine established procedures and make necessary adjustments.

Source:, “Mother filing malpractice lawsuit against IU Health“, Sandra Chapman, Aug. 11, 2015

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