A South Carolina woman recently filed a wrongful death lawsuit against a maternity center. In it, she is alleges that actions of individuals employed by the facility resulted in the death of her baby, after it became necessary during the attempted delivery to transfer the woman to a hospital, where the newborn died after the performance of a cesarean section.
In addition to the wrongful death claim, the lawsuit alleges that the defendant facility, which according to the complaint had been aware that the plaintiff had previously experienced a premature birth as well as a miscarriage, was not able to provide the medical care that the woman and her baby required and should not have attempted to assist in the childbirth. This inability, the complaint states, amounted to an unfair and deceptive trade practice because the facility was allegedly only for "uncomplicated" pregnancies.
Following the incident, the South Carolina Department of Health and Environmental Control suspended the facility’s license, along with the licenses of two midwives, based on their alleged failure during the fatal incident to consult with a physician. That suspension has since been removed.
Although advances in medical knowledge and technology have significantly reduced the risks to both the mother and the newborn during childbirth, accidents, misdiagnosis, and other actions that constitute medical malpractice remain as unfortunate possibilities that may result in birth injuries or even fatalities. As the parents in this situation did, those who have experienced such tragic outcomes may want to seek legal assistance in securing compensation for their injuries, pain and suffering, and monetary losses.
Source: The State, "SC woman sues maternity center over baby's death," Don Worthington, May 15, 2014