Brain Damage Lawsuit – Birth Injury Lawyer, C Section Mistakes

A birth injury lawsuit filed by a Texas couple states that their child’s injuries stemmed from the medical staff’s failure to perform a timely Cesarean section. The plaintiff states that the medical professionals overseeing her childbirth had a responsibility to provide a reasonable standard of care with proper diligence, facilities, supervision, and skill. She alleges that they failed in their responsibilities.

Her attorney states that because they failed to inform the mother of the risks and potential complications that could accompany delaying the C-section while she was experiencing a difficult labor, they were negligent.

The complaint asserts that the plaintiff was left waiting for an available operating room and the medical staff did not provide a surgical suite in a reasonable amount of time for her C-section to be performed.

Multiple defendants named in birth injury lawsuit

The lawsuit was filed in the District Court of Harris County, Texas. Named as defendants are Bayshore Medical Center, LP. Heathtrust Inc.—The Hospital Company, Pasadena Bayshore, and Dr. Subha Sundaram M.D.

Because the hospital and medical staff did not provide a room for the C-section to be performed, the newborn baby suffered from permanent brain damage and will need a lifetime of care as a result.

The plaintiff also states that her medical needs were not properly assessed during her labor and that the nurses failed to note substantial changes in her condition on hospital charts.

The family seeks financial damages for the child to be compensated for past and future medical costs, pain and suffering, mental anguish, disfigurement, future lost earning capacity, and physical impairment.

Signals for C-section were ignored, lawsuit claims

The parents of the infant also accuse Dr. Sundaram of failing to consult with a specialist when it should have been known that the circumstances called for better facilities to treat the mother. The legal documents filed on December 27 did not have the precise details of the delivery, but it is expected that the attorneys will provide more information as the trial moves forward.

There are numerous signals that a C-section will be necessary to deliver the baby safely. Fetal heart rate irregularities are a warning sign and the medical staff must act quickly to stop asphyxia—too little oxygen reaching the brain. This can contribute to brain damage in the baby. Some examples of brain damage are HIE, cerebral palsy and other conditions related to cognitive delays.

Contact an experienced birth injury lawyer

Do you believe that your child has been suffered a birth injury due to medical malpractice and negligence? Did the medical staff fail to perform a C-section when one was warranted? If so, the cerebral palsy attorneys at Balkin & Eisbrouch can help you. We have over forty years of experience in birth injury lawsuits and our caring, knowledgeable lawyers will explain your options for filing a lawsuit.

There is no cost for a consultation and you pay nothing unless you win your case.

Call Balkin & Eisbrouch today.