A federal birth injury lawsuit has been filed by a Florida mother whose baby suffered a brachial plexus injury during delivery.
The lawsuit was filed in U.S. District Court for the Middle District of Florida against the healthcare clinic where the baby was born. The lawsuit alleges that a certified nurse midwife (CNM) made several medical errors during the delivery, which caused the child’s injuries.
According to the lawsuit, the mother was admitted to Gulf Coast Medical Center in 2013 for labor induction, and medical personnel administered Pitocin to the mother to induce contractions and expedite the labor process. Medical records indicate that the CNM performed a manually assisted delivery and a midline episiotomy. According to the lawsuit, the child suffered from shoulder dystocia and an injury to the brachial plexus nerves, resulting in no movement of the left arm and limited movement of the right arm.
The lawsuit alleges that medical personnel failed to estimate fetal weight, failed to ascertain risk factors, rushed the delivery, used excessive force during delivery and failed to perform a cesarean section delivery. The mother claims that her gestational diabetes made fetal macrosomia (excessive birth weight) and shoulder dystocia more likely, and medical personnel failed to take those risk factors into account.
The lawsuit seeks damages for pain and suffering, mental anguish, physical impairment, loss of the capacity for the enjoyment of life, loss of earning capacity and medical expenses.
It is important to note that determining fault can be more complicated than it might seem. If your child was injured and you believe someone else is fully or partially to blame, contact Chalik & Chalik to learn more about your rights.
Did Your Florida Doctor Deliver Your Infant Using Vacuum Extraction? As an expectant mother, you most likely learned how to breathe properly during childbirth by attending a Lamaze class. Or you may have learned hypnosis childbirth to enter into a hypnotic state in order to deal with the pain of a natural childbirth. Whatever you learned and prepared for may be different than what actually...
Debi Chalik Explains Brachial Plexus Palsy Birth Injury A Brachial plexus injury, also known as Brachial plexus palsy, is an injury that occurs during the delivery of a newborn when the head and shoulder are abnormally stretched, damaging the nerves of the shoulder. This birth injury may cause your newborn’s arm to lay limp or have limited mobility in the shoulder and/or hand....
Car Accident While Pregnant: Is my baby okay? For expecting mothers, nothing is more traumatizing than the thought of losing an unborn child. If you’ve been in a car accident while pregnant, you may have fears about whether or not your baby is going to be okay. After a car accident when pregnant, you should seek medical attention immediately. If either you or...
St. Mary’s Medical Center Under Investigation For High Infant Mortality Rate In June 2015, The Federal Centers for Medicare & Medicaid Services launched an investigation into the unusually high mortality rate among infants who underwent open heart surgery between 2011 and 2013 at St. Mary’s Medical Center in West Palm Beach, Florida. The investigation was triggered by a CNN report which stated that 12.5% of infant...
What Can I Expect in the First Year of Erb’s Palsy? A new parent with a child diagnosed with a brachial plexus injury often wants to know, “What can I expect in the first year of Erb’s palsy?” The answer depends on the severity of the underlying nerve injury. Mild injuries may “self-resolve” with the passage of time and the use of physical therapy. More serious...
What Are Some Examples Of Birth Trauma Injuries? Trauma during the labor and delivery process can lead to either minor or severe birth injuries. These injuries might include: Broken or fractured bones Infections Cerebral Palsy Brain trauma Skin lacerations Brain swelling Lack of oxygen Neurological disorders Some of these birth injuries, like a lack of oxygen or bruising, may go away over time....
If My Child Suffered A Birth Injury, How Do I Know If A Medical Mistake Was Made? A birth injury can be devastating for the parents and have lifelong effects for the child. Many birth injuries lead to disabilities that require extensive care. In some cases, parents may wonder if a medical mistake was the cause of their child’s birth injury, but they are unsure how to proceed. Not every medical condition...
What are Some Common Birth Injuries Associated with C-Sections? Some common birth injuries associated with C-sections include: Facial or body cuts Fractures Spinal cord injuries In addition to these common C-section birth injuries, other risks are present if the anesthesiologist did not administer the drug properly during a C-section delivery procedure. These potential injuries include low blood pressure, blood clots, and internal bleeding. There...