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Birth injury lawsuit filed after newborn is decapitated at birth

The worst nightmare of expecting parents here in Michigan is that the birth will not go well--that the baby will not be healthy or that the child or mother will be injured at birth. Unfortunately, for some parents, these fears are realized.

For example, a medical malpractice lawsuit was filed late last month in another state after a childbirth went very wrong, resulting in the death of the newborn. According to the lawsuit, the baby boy died while still inside the birth canal when his head was decapitated from his neck during delivery.

The lawsuit is quite complex. Two doctors and two medical organizations have been accused of malpractice in the case. One doctor reportedly told the expecting parents in February 2011 that the mother would have to undergo a caesarian section because the baby's abdomen was too large. The doctor who delivered the baby, however, allegedly disagreed and refused to allow anything except a vaginal birth and decline to allow the couple to go to a different hospital.

The medical malpractice complaint, which is quite graphic, states that during birth the baby's head came out but his abdomen did become stuck within the birthing canal. At that point the doctor's methods led to the baby's head becoming separated from its spine. The couple says that at this point the doctor shoved the infant back into the uterus and ordered a c-section.

When the mother underwent the doomed c-section, she was not properly sedated and experienced major pain, according to the lawsuit.

While there is nothing that can turn back the hands of time and result in a safe delivery for this couple, they have decided to seek justice by filing the medical malpractice suit. When children suffer birth injuries due to medical malpractice or labor and delivery negligence, it is possible to obtain compensation for the child's subsequent medical care, or in some cases funeral expenses, as well as the accompanying pain and suffering.

Source: Yahoo News, "Newborn's Decapitation at Birth Prompts Malpractice Lawsuit," William Browning, Oct. 12, 2012

  • Our law firm helps victims of birth injury and labor and delivery negligence seek justice. For more information, visit our Michigan Labor Malpractice page.

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