C-Section Mistake Lawsuit Alleges Wrongful Death

A recent lawsuit filed in the U.S. District Court, Middle District of Florida (Orlando) alleges that birth injury malpractice led to the untimely death of the plaintiff’s newborn child. According to allegations leveled in the complaint, the defendant health care providers failed to perform a Cesarean section delivery in a timely manner, thus causing the death of her baby.

The plaintiff – a resident of Orange County, Florida – is demanding compensation totaling $10 million dollars, and filed suit as personal representative of the estate of the decedent – her deceased daughter. Court filings indicate the C-section mistake lawsuit was brought on July 7, 2014 in Florida federal court.

Accusations raised in C-section mistake lawsuit

The defendant in the lawsuit is listed as the United States of America and Felix Oyola, M.D. is who employed at Community Health Centers, Inc. of Florida – a health care center that is supported by the federal government.

After a C-section performed by the defendant doctor, the plaintiff delivered a daughter with APGAR scores of 1 and 1, who was also suffering from hypoperfusion and respitarory distress. Prior to the childbirth, the claimant alleges that the defendant failed to respond or promptly follow up on her care after she presented at the Community Health Centers complaining of hypertension and a headache. Shortly thereafter, the Florida woman suffered a placental abruption and ruptured membranes, after which, a Cesarean delivery was performed. It is argued that due to the doctor’s breach of duty in failing to provide an acceptable level of medical care, the plaintiff’s daughter suffered personal injury and died on June 14 of 2012.

According to the lawsuit, the defendant physician and Community Health Care Centers breached this standard of care by:

• Failing to promptly and properly diagnose the plaintiff’s condition
• Failing to properly examine the plaintiff and refer her to a physician for treatment
• Failing to respond to calls from the Florida Hospital Altamonte ER department
• Failing to order and perform a C-section in a timely fashion to the deliver the claimant’s child

The complaint lists the statutory survivors and beneficiaries of the estate as the decedent’s natural mother and father who state they have sustained the following after the wrongful death of their child:

• Mental pain and suffering
• Burial and funeral costs
• Emotional anguish
• Loss of their child’s companionship
• Loss of their child’s support and services
• Loss of income

Common reasons for emergency C-sections

Cesarean section operations are becoming increasingly more common in America’s hospitals and birthing centers, with an estimated 1 out of every 3 children delivered via C-section today. While some are elective procedures, there are instances where both mother and child can suffer critical if not fatal injuries in the event of a natural childbirth.

The most common reasons for ordering an emergency C-section include:

• Placental abruption – where the placenta separates away from the lining of the uterus
• Umbilical cord problems
• Uterine rupture
• Signs of fetal distress such as hypoxia
• Failure for labor to progress due to shoulder dystocia

Oftentimes, delivery room personnel are charged with making swift decisions in ordering a C-section to prevent the fetus from oxygen deprivation, brain damage, or death.