Stephen M. O'Brien III, PLLC - Personal Injury Attorneys
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Family plans to sue doctor over brain death caused by forceps use

When a woman goes into a hospital or birth center to have a baby, she has made the reasonable presumption that she is going to be cared for by experienced professionals. Sadly, that isn’t always what happens. Some women are taken care of by medical professionals who makes a bad decision that can lead to negative situations. One story that has recently made national headlines puts an emphasis on just how severe birth injuries can be.

According to the pregnant woman’s mother-in-law, the pregnant lady was petite. She claims the woman was 4-feet 11-inches tall and weighed only 95 pounds prior to getting pregnant. The woman’s due date was Christmas Day. Prior to her due date, she asked for a Cesarean section because of the baby’s size. Her obstetrician declined to do the procedure.

On Dec. 28, 2013, a 24-year-old woman went into a hospital to have her baby. While in labor, the woman started running fever. She finally started pushing, but the baby wasn’t in the birth canal.

Her mother-in-law claims the woman was worn out by that time and that the baby was presenting face up. She said the doctor tried to turn the baby, but was unsuccessful. She claims he then used forceps to deliver the baby, who was allegedly healthy at the last doctor’s visit. She says the baby’s heart rate kept going up during delivery.

As the doctor used the forceps, the mother-in-law said the obstetrician put his foot on the bed to try to pull. She says he was twisting and turning, but the baby wasn’t coming out. Allegedly, she heard a pop, which she says was the forceps crushing the baby’s skull.

The baby was delivered by C-section, but she wasn’t crying or breathing. The family claims the forceps crushed the baby’s skull and caused brain death. The baby was transferred via a medical flight to a children’s hospital, where she was eventually taken off of life support and died.

The parents state they plan to sue the obstetrician but not the hospital. They claim the doctor is solely responsible for the birth injury and subsequent death of their baby.

If you have faced a similar situation in which your child suffered a birth injury, consulting an experienced Kentucky medical malpractice attorney can help you decide if you have a right to seek compensation for those injuries.

Source: ABC News, “Forceps Delivery Crushed Baby's Skull, Caused Death, Family Alleges” Susan Donaldson James, Jan. 03, 2014

O'Brien Batten & Kirtley, PLLC is located in Lexington, KY and serves clients in and around Lexington, Keene, Nicholasville, Versailles, Midway, Georgetown, Wilmore, Paris, Bourbon County, Fayette County, Jessamine County, Scott County and Woodford County.

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