Robert A. Solomon, P.C.
Two Offices Serving New York & New Jersey

Couple endures horrific birth injury, files medical malpractice suit

What was supposed to be a miraculous day for a couple expecting a child turned into a heartbreaking nightmare after doctors failed to insure the safety of their newborn. The child did not survive what proved to be a gruesome birth injury. Because of this, the man and woman have introduced civil litigation, in which they named four different defendants they believe played a negligent role in the child's death.

The March 2011 incident was one of the most shocking stories of childbirth gone awry. Originally, doctors determined that the child would be best delivered through a caesarian section due to his wide abdomen. But instead, doctors opted for a vaginal birth when it came time to deliver the child.

During the delivery, the head emerged as it normally does, but the baby's abdomen got stuck along the way. In doctors' efforts to dislodge the child, the baby's head separated from its spinal cord, essentially resulting in a decapitation.

When the injury resulted in a high volume of blood spilling out into the delivery area in front of the man and woman, doctors actually pushed the infant back into the uterus and opted for an emergency caesarian section, which should have been done in the first place.

But the ordeal didn't end there. When they went to perform the emergency procedure, doctors were in such a rush that they began before the mother received any anesthesia. This added greatly to her pain and suffering.

Two specific doctors and the medical groups to which they belong -- but not the hospital where the delivery took place -- were listed as defendants in the wrongful death and medical negligence suit, which is asking for an unspecified amount in damages.

This couple's story may be more extreme than many cases of birth injury, but any family whose child suffers from a doctor's mistakes has the right to seek recourse, whether the baby died or survived with lifelong, irreversible medical problems. The resulting expenses in either scenario may be covered with a successful medical malpractice lawsuit.

Source: Courthouse News Service, "Infant Death Lawsuit Laced With Gory Details," Joe Harris, Oct. 2, 2012

· Our firm handles birth injuries and a wide range of other medical malpractice cases. To learn more about our law practice, please visit our Newark birth injury page.

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