Is there a specific cause of action for a baby that dies at birth as a result of medical malpractice?
Few situations provoke as much emotion as when a baby passes away. Unfortunately, some infants do perish during the birthing process and, often times, this tragic event is the result of medical malpractice. Medical malpractice is negligent conduct by medical professionals causing injury or death and happens every day all over the country and the world. When an infant is injured or dies at birth the legal claim associated with it is commonly referred to as birth injury.
It is alleged that medical malpractice led to the death of an infant in June of 2014 at a New Jersey hospital. A woman from Camden was admitted to Cooper University Hospital after breaking her water. She labored for ten hours during which time her baby suffered from distress and heart rate fluctuations. Yet, the doctor and staff did nothing to help the baby. The doctor originally decided to pursue a vaginal delivery using suction but decided after the lengthy labor that a cesarean delivery was necessary. In the early morning hours of the next day the women underwent surgery to deliver the infant. During the process the infant’s heart rate dropped significantly and stopped immediately after birth. The staff was unable to revive the baby and he was pronounced dead shortly thereafter.
The woman has now brought a birth injury lawsuit against the hospital and staff claiming that their negligence caused the death of her child. She alleges that the staff was negligent in a number of ways. The woman argues that the doctor failed to order a cesarean delivery when it was appropriate because she was significantly overweight, suffering from gestational diabetes and the child was almost 10 pounds making a vaginal delivery extremely difficult. She also claims that nothing was done to remedy the fetal distress her son was undergoing as it was occurring.
The woman claims to have suffered physical pain as well as mental and emotional distress as a result of the traumatizing event. She is seeking $12 million dollars in damages including $5 million for wrongful death and punitive damages.