The Jasmer Law Firm
Two formerly expecting parents recently filed a lawsuit in Illinois. According to their suit, a physician and a medical center are at fault in the wrongful death of their child who was born on Dec. 7 2011, and passed away less than ten days later. The couple believes that there were several mistakes and acts of negligence involved in the circumstances that culminated in the untimely death of their son.
The claim was filed in Cook County Circuit Court. According to the plaintiffs, the errors began soon after the mother’s arrival at VHS West Suburban Medical Center on December 6. Her water had broken and it took nearly three hours for her to be admitted to the hospital’s labor and delivery ward. Prepared to give birth to her child vaginally, things did not go according to plan. Medical staff noticed an irregular heart rate in the fetus and decided to perform a cesarean section for delivery.
While undergoing labor, reports indicate that there was a significant amount of blood loss in the mother, potentially caused by a uterine rupture she sustained during the process. Upon birth, the boy did not have a pulse and was taken to Children’s Memorial Hospital. He remained there until he died on December 16.
According to the suit, the boy’s premature death was caused by a series of mistakes on the part of the medical staff. One of the alleged errors was failure to perform a timely cesarean section. Several hours went by before the procedure was actually performed, potentially allowing the unborn son to experience adverse effects that could have been avoided. In addition, the suit alleges that staff did not properly monitor the heart rate of the fetus – the mother said that the monitoring system’s alarm features were ignored.
Lastly, the suit accuses medical staff of failing to warn the mother of the dangers associated with attempting a vaginal birth after a previous cesarean section.
Source: Injury Lawyer News, “Lawsuit Filed in Illinois Over C-Section Mistakes,” Elise Kramer, Feb. 5, 2013
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Wrongful death suit filed after newborn son dies