Texas Mother Files Lawsuit against Hospital Alleging Birth Injury Malpractice

Birth injury malpractice is among the most devastating forms of medical malpractice or negligence. When hospitals or healthcare providers fail to protect their littlest patients, the results can be tragic. Unfortunately, the labor and delivery process can be complicated, and healthcare providers are tasked with preparing for myriad possibilities and possible outcomes throughout the process. If complications arise, healthcare providers further have the responsibility of addressing the complication and providing timely, appropriate treatment.

Birth Injury Malpractice Lawsuit Information

Last month, a Texas mother to file a lawsuit against the hospital where she gave birth three years ago claiming that the doctor and hospital were negligent leading to permanent catastrophic injuries to her daughter. The unfortunate situation began when the mother suffered from ruptured membranes and was hospitalized as 31 weeks gestation. The attending obstetrician created a plan of care that would keep the mother hospitalized until 34 weeks gestation, with the order to proceed with labor at the first sign of infection.

During hospitalization, the mother was treated with steroids, antibiotics, magnesium sulfate, and ordered to be on bed rest. At the time of admission, the mother did not sign Consent and Conditions for Admission, and was legally blind. After just thirteen days in the hospital, the mother started having contractions, and Pitocin stimulation was ordered. Overall, labor lasted for more than 39 hours.

Upon delivery, the baby girl exhibited molding and bruising of her head. She was in critical condition, and was transported to another hospital. Tests revealed hypoxic ischemic encephalopathy (HIE) and chorioamnionitis. HIE occurs when the infant is deprived of oxygen in the womb. The effects of HIE can lead to developmental delays, brain damage, and cerebral palsy. HIE is also one of the leading causes of death among newborns.

Five months after release, the mother’s hospital record was dictated, reporting that she did well in the hospital and “delivered a healthy baby girl”. Such notes are in direct contrast to the diagnosis and injuries the infant sustained. Today, three years later, the little girl suffers from cerebral palsy and profound delays, and is considered catastrophically injured in the lawsuit.

Get Help after Birth Injury Malpractice

Birth injury malpractice is tragic, but unfortunately a very real problem for many families. The good news is that these families have legal rights, and may have the option of filing a lawsuit similar to the one described above. To determine your legal rights and options, contact a medical malpractice and birth injury attorney. An attorney can review your case, help you understand the law, and provide the best options for a favorable outcome.

Related Resources

When to Speak Up for Your Baby’s Birth Injury

Birth Injury Statistics