A medical malpractice lawsuit has been filed naming an obstetrician negligent for allegedly injuring a baby during childbirth, and risk factors, if taken into account, could have prevented the injury, as reported by the Victoria Advocate on December 27.
The mother, Victoria-resident A.F., has named Dr. T.E.S. and the Victoria Women's Clinic as liable parties in the injury of her son, N.B.
The suit was filed on N.B.'s behalf in district court.
A.F. alleges in the suit that N.B. should have been delivered in a Cesarean section instead of vaginally. She states that since Dr. T.E.S.'s failed to make the appropriate medical decision, N.B. suffers with shoulder dystocia.
Attorney J. Todd Trombley, of Houston, is representing the family. He said, "It's a traumatic injury. The doctor failed to exercise ordinary care. That is the definition of negligence in the state of Texas."
The defendants issued this response in early December: "Defendants would state that plaintiff's injuries or damages, if any are proven, relate to or were caused in whole or in part by pre-existing conditions."
Attorney William Abernathy, of Corpus Christi, is representing the Victoria Women's Clinic. Messages left for both him and the clinic, requesting their comments, were not immediately returned.
In September of 2009 A.F. entered the clinic for labor and delivery of N.B.
The lawsuit specifies that Dr. T.E.S. knew, or should have known, that N.B. had a high risk for shoulder dystocia and brachial plexus injury. The risk factors that were indicated include: A.F.'s diabetes and maternal obesity, while N.B. had an excessive birth weight and a protracted descent in the birth canal.
Another indicator listed was the usage of an epidural anesthesia.
According to the March of Dimes website a shoulder dystocia happens when the infant's head is delivered vaginally, but the shoulders become stuck inside the mother's body – just behind the mother's pubic bone. In this occurrence, the rest of the infant does not easily follow the head out of the vagina as it usually does during a usual vaginal delivery.
Risk factors for the infant include nerve damage in the shoulder arms and hands that can lead to eventual shaking or paralysis, an arm or collarbone may break and the possibility of brain damage and death due to a lack of oxygen.
The lawsuit states, "Despite the evidence concerning this risk factor to Ms. (A.F.) and (N.B.), Dr. (T.E.S.) ignored it, or failed to appreciate it in caring for these patients. These risk factors for Ms. (A.F.) should have been a 'red flag' for Dr. (T.E.S.)"
The lawsuit also notes that Dr. T.E.S. failed to us a rotational maneuver to free N.B.'s shoulder, instead, she applied traction to his head.
Damages are sought for past and future physical pain, mental anguish, disfigurement, physical impairment, medical care expenses, and future loss of earning capacity.
Trombley said, "We hope that we prevail and that we can take care of the child's future needs."
Contact a medical malpractice attorneyif you, or your child, has been harmed by a doctor's negligence. A filing today could reap a settlement soon, and a financial award that will help with your pain and suffering.