Irreversible Brain Damage Leads to Breech Birth Malpractice Claim

A family has filed a breech birth malpractice lawsuit against OHSU Hospital, alleging that the actions of the hospital and its personnel directly resulted in their son’s severe and permanent birth injuries. The plaintiffs demand a jury trial and $25.6 million in compensatory damages, which includes compensation for medical expenses, physical trauma, and emotional distress.

The lawsuit lists a slew of complaints against the defendants, including failure to obtain informed consent to perform a procedure, failure to resuscitate the infant, and failure to follow adequate policies, among others. The complaint will be heard in the Circuit Court of the State of Oregon for the County of Multnomah.

OHSU allegedly misrepresented safety of delivery

The mother-to-be was informed that her unborn son was in a breech position. A breech position means that the baby has failed to turn head-down in the womb, which should normally occur by about the 36th week of pregnancy. A breech position occurs in about four out of every 100 births. In almost every instance, a baby in a breech position is delivered via Cesarean section, or C-section.

Although the plaintiff had scheduled a C-section delivery, she began researching the breech position online and discovered the website of OHSU Hospital. This website informed patients that it was possible to deliver breech babies vaginally. Both of the plaintiffs scheduled a consultation with healthcare professionals at OHSU Hospital, after which they decided to attempt a vaginal birth. On September 19, 2011, the plaintiffs were admitted to OHSU Hospital. Their son was delivered on September 21 via breech vaginal delivery.

Baby suffered injuries following untimely Cesarean

According to this breech birth malpractice lawsuit, the delivery was “unreasonably complicated and delayed.” The complaint alleges that the minor child displayed signs of requiring resuscitation, but that resuscitation was delayed. This allegedly resulted in “catastrophic, permanent, and irreversible brain injury, and catastrophic, permanent, and irreversible physical and emotional pain,” along with permanent disability.

Although the specifics of the minor child’s impairment were not revealed in the lawsuit, severe brain damage can often cause debilitating problems, such as language deficits, communication difficulties, and memory impairment. It is also possible that the minor child would have trouble processing information, understanding others, making decisions, and understanding abstract concepts. Brain damage may also cause physical symptoms such as seizures, paralysis, and persistent headaches.

Demand for defendants to be held liable

The plaintiffs’ lawsuit demands that both the hospital and the attending healthcare professionals be held liable for their alleged medical negligence. The complaint alleges that the defendants did not obtain informed consent from the plaintiffs because they were not informed of the procedure of vaginal breech births, nor were they informed of the potential for complications. The plaintiffs allege they were not informed of alternative procedures that may have prevented their son’s birth injuries. The plaintiffs further allege that the doctors misrepresented the safety of a vaginal breech birth.

It is alleged that the defendants failed to monitor the labor properly and failed to resuscitate the minor child in a timely and appropriate fashion. They are also accused of making Cesarean section mistakes, including failing to perform a C-section when it was indicated.