Parents Sue for Malpractice After One Twin Dies in Childbirth.

A wrongful death lawsuit filed in Mercer County, New Jersey alleges that two doctors and the staff of a Hopewell hospital were negligent in delivery of twins, causing the death of the second of the two newborns.

Doctors and Nurses Fail to Address Clear Problems With the Delivery

The father of the twins stayed with his wife during labor and delivery and immediately saw that the infant was in critical condition. He was certain that he was witnessing medical malpractice unfolding before his eyes.

According to court papers, the doctors and registered nurses failed to respond to slow heart rate alarms that showed the twin in distress. They also tried to use “vacuum delivery” rather than caesarean or other procedures common in difficult childbirths.

Delayed Treatment Fails to Save Infant

After the botched procedure, the infant was transferred to neonatal intensive care, but the damage had already been done. He was suffering from reduced blood flow to his brain and  “perinatal asphyxia” caused by oxygen deprivation and was placed on life support. After two days, he was taken off life support and died.

The hospital claims it followed standard protocols and insisted it was skilled in handling all types of deliveries, difficult and routine. But the parents of the deceased infant are seeking damages for medical malpractice and wrongful death.

Parents Sue Under New Jersey Wrongful Death Statute

New Jersey’s Wrongful Death Statute allows surviving family members to sue for personal injuries suffered by a deceased relative. Damages for wrongful death are usually limited to actual damages—there are no punitive damages or claims of emotional distress. When a victim is very young, it can sometimes be difficult to prove future economic losses to the survivors caused by the wrongful death.

Separate negligence claims can permit additional types of damages. For example, in some circumstances, a survivor may be able to add a claim for negligent infliction of emotional distress.

If you or a family member has been the victim of negligence by a doctor or a hospital, an expert medical malpractice attorney can advise you on the potential claims you can make, the damages available, and the best strategy for moving forward with litigation.

Posted in: Medical Malpractice