A Farmington, New Mexico, couple filed a medical malpractice lawsuit on July 20 in the district court in Albuquerque. They have accused both the medical center where their daughter was born and the physician who delivered her of having caused her brain to hemorrhage, resulting in permanent injuries.
The girl's parents allege that the obstetrician delivering their child on May 20, 2012 caused their daughter's brain to hemorrhage when he decided to utilize a vacuum-type device to extract her from the womb. As a result, she has endured both lengthy and debilitating seizures, some of which started within 30 hours of her birth. She's been diagnosed as having epilepsy and cerebral palsy as well.
In the lawsuit, filed against the doctor from Northwest New Mexico Women's Health Specialist, the girl's parents contend that the obstetrician failed to adhere to standard protocol when attending her birth. They note that while doctors are commonly trained to wait for at least three hours before attempting to use a vacuum device to extract a baby from the womb, in this case, he waited less than an hour to do so.
The girl's parents also contend that the doctor failed to properly secure the vacuum to their child's head. They allege he then went on to make use of the device for as long as five minutes.
During this time frame, he also has been accused of having tugged on the girl's body at least three times in an effort to try to free her from the womb. After unsuccessfully trying to deliver the child naturally, the doctor ultimately decided to perform a cesarean-section instead.
The lawsuit, filed against the doctor's medical practice and San Juan Regional Medical Center where the girl was delivered, doesn't disclose the amount the family is seeking to settle the case for. Among the damages it lists that they're seeking, though, are medical costs as well as compensation for both pain and suffering and diminished income prospects.
While many birth injuries heal within days or weeks after a baby is delivered, others can leave children permanently disabled. In discussing your case with a Los Lunas birth injury attorney, he or she may advise you of your right to file a medical malpractice lawsuit in your case.
Source: Farmington Daily Times, "Couple claim medical negligence in delivery of daughter," Joshua Kellogg, Sep. 05, 2017