Mother Demands $5 Million for Military Medical Malpractice

A mother from Nebraska has filed a birth injury lawsuit against the U.S. government, demanding $5 million for her daughter’s severe injuries. The plaintiff and her daughter are dependents of a military servicemember. On the date of the labor and delivery, the plaintiff’s husband was an active duty Captain in the U.S. Army. The U.S. government has been named as the defendant because the plaintiff received prenatal care and care during labor and delivery solely by healthcare workers who were employed at a healthcare facility owned and operated by the federal government.

Problems with labor and delivery

The plaintiff was admitted to Ireland Army Community Hospital in Fort Knox, Kentucky on June 2, 2010 during the early morning hours. Her daughter was born at about 5:11 p.m. on that same day. The newborn was immediately diagnosed with brain hemorrhage and other birth injuries.

According to the birth injury lawsuit, the employees of the defendant did not meet the standard of care, which allegedly caused the minor child’s medical problems. She charges the employees with failing to properly monitor and examine her prenatally, and with failing to properly monitor her during labor.

In addition to prenatal medical negligence, the lawsuit indicates that although the minor child was connected to a fetal heart rate monitor, the healthcare workers failed to properly monitor and interpret the fetal heart monitor tracings. Had they done so, the lawsuit alleges, they would have known that the baby exhibited signs of fetal distress. The plaintiff claims that the medical records indicate her daughter was in respiratory failure for a long period of time, and subsequently, suffered oxygen deprivation to the brain.

When the baby exhibits signs of fetal distress during labor, obstetricians can perform an emergency C-section to prevent the baby from suffering from oxygen deprivation to the brain. However, the plaintiff’s birth injury lawsuit contends that the healthcare providers failed to call for a C-section, despite knowing that the labor was not progressing properly.

Daughter’s serious injuries

As an alleged result of this negligence, the plaintiff’s newborn daughter was diagnosed with intracerebral hemorrhage and interventricular hemorrhage. After birth, she “began to develop seizure-like activities,” according to the birth trauma lawsuit. The child’s condition was severe enough to warrant emergency transportation to a nearby children’s hospital, where she was placed under the care of pediatric specialists, including pediatric neurologists.

The mother’s birth injury lawsuit demands $5 million in compensation for the girl’s permanent brain injury, past and future medical expenses, loss of future income, and permanent impairment of earning capacity.

Understanding military medical malpractice

Military medical malpractice cases are different from civilian cases. Before a military servicemember or a military dependent can file a medical malpractice lawsuit, they must file an administrative claim. This is mandated under the Federal Tort Claims Act (FTCA). After a claim has been filed, a deadline of six months applies. If the claim is denied after six months, the plaintiff has another six months to file a lawsuit within the appropriate U.S. District Court.

If the act of medical malpractice occurred outside the U.S. at a military hospital, the plaintiff has two years from the date of the injury to file a lawsuit. In this case, the mother filed her lawsuit in the U.S. District Court for the District of Nebraska within six months of receiving a denial for her administrative claim.

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