Parents spend nine months waiting for the birth of their child. It is a day filled with hope and anticipation. However, the delivery process can be complicated, and not everything always goes as planned. When the unexpected occurs, that is when parents turn to their doctor for support. They trust that the experienced medical staff will know how to make sure everything is okay. Unfortunately, doctors and staff can make mistakes. Labor room negligence is a terrible reality, and New York parents need to know how to handle such situations.
One such devastating situation unfolded for one family recently. The expecting parents headed to the hospital when the mother started contractions, although she was only 28 weeks pregnant. Earlier in the week, a doctor decided that the mother would need a cesarean section because of the size of the baby’s abdomen.
At the hospital, the medical staff could not stop the contractions, but the mother’s primary doctor would not perform the C-section or let them go to another hospital.
After the mother believed she had no choice but to undergo vaginal delivery, she partially delivered her baby. When his abdomen got stuck in the birth canal, the doctor attempted numerous ways to continue delivery, including an episiotomy and use of traction. The claim states that this traction is what killed the baby. The doctor then called for an emergency C-Section, but it was too late.
The parents filed a lawsuit against the doctor, along with other defendants, for medical negligence and wrongful death. The suit also claims negligent infliction of emotional distress because of the trauma the parents had to endure in the delivery room in addition to the tragic loss of their child. In a labor delivery negligence claim like this, the parents should be able to recover damages for their loss. It is important for parents whose child was injured or killed during delivery to consult an attorney in order to evaluate what legal options are available to them.
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Birth injury case filed claiming labor delivery negligence
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Jay W. Dankner
JAY W. DANKNER was born, raised and educated in Brooklyn, New York. After graduation from law school in 1973, he joined the firm of the legendary, Harry H, Lipsig, under whose tutelage he learned the intricacies of civil litigation and trials. He tried and won his first case against General Motors in a case involving a design defect within weeks after his admission. Thereafter, he focused his attention on the emerging and developing field of law known as products liability litigation.
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