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Medical Malpractice Blog Post

Lawsuit Alleges Delayed C-Section Caused Brain Damage to Newborn Child

A mother recently filed a lawsuit against Naval Medical Center at San Diego, claiming the negligence of her attending healthcare staff caused her newborn son to suffer severe injuries, including permanent brain damage resulting in some major functional impairment. Because the entity in question is a military facility operated by the federal government, the lawsuit also names the U.S. government as the defendant. The plaintiff is seeking $15 million in compensation, including past and future medical expenses.

According to information from the lawsuit, the mother went into the facility for labor and delivery on February 26, 2013. She had had contractions for approximately two hours before arrival and vaginal bleeding for nearly four hours. She had also experienced a noticeable decline in fetal movements during that time. Hospital staff admitted her to the hospital to be checked for possible early separation of the placenta. She was 33 ½ weeks pregnant at the time.

A lack of proper attention

The woman had two premature births and had been experiencing medical issues, so she was classified as a high-risk patient. However, the lawsuit alleges she was not monitored continuously, despite the risks to her and her child. Medical records indicate there was a sudden need to deliver the child on the morning of February 28, noted at 8 a.m. However, the staff reportedly waited until nearly 10:45 a.m. to deliver the child via Caesarian section.

A potentially avoidable delay in the C-section may have caused the child’s hypoxic ischemic encephalopathy, an oxygen deprivation to the brain that can lead to severe impairment of brain functions and dysfunction in the lungs, liver, heart and kidneys. Infants suffering from this condition are much more likely to experience seizures.

If you believe an avoidable mistake by hospital staff caused damage to your child during birth, speak with the experienced San Diego medical malpractice attorneys at Thorsnes Bartolotta McGuire today.

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2550 Fifth Avenue, 11th Floor
San Diego, California, 92103-6612 USA