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Mother blames newborn child's suffocation on medical malpractice

With advances in technology, childbirth in the United States is a relatively safe procedure. Unfortunately, while most deliveries go smoothly, sometimes complications in the delivery process occur. When this happens, patients rely on the expertise of their doctors to get them through it safely, something Maryland parents understand implicitly.

When a child is injured it is natural to want answers. In situations where birth injuries are avoidable or the harm is the result of medical errors, there may also be recourse. This is something a mother is learning tragically after losing her child shortly after giving birth.

The woman gave birth to her child at Physicians Regional in Collier County Florida back in 2009. Shortly following the child's birth, the heavily medicated mother was given her child for breast-feeding. According to the medical malpractice lawsuit filed against the hospital, the mother told the nurse to pick up the young child when she was done breast-feeding.

Tragically, the mother dozed off while feeding the child and when she woke up the baby was dead in her arms. The newborn had suffocated while the mother slept. According to the Collier County Medical Examiner's report, the young child died from "co-sleeping," meaning she was smothered. The mother blames the nursing staff and hospital for the child's death.

To establish a claim against the hospital or nursing staff, the mother must show that the nurses owed a duty of care to her child, that they breached this duty, either when they failed to move the child or when they gave the child to the heavily medicated mother, and that this breach led to the child's injuries. Maryland residents who have suffered injuries during childbirth, or whose children died or were injured during childbirth or shortly after, may be able to pursue a claim against a doctor or hospital depending on who is at fault.

Source: NBC-2, "Nursing staff blamed after newborn's death," Nov. 20, 2012

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