MEDICAL MALPRACTICE AND PERSONAL INJURY LAW BLOG

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Another Newborn Dies And Another Lawsuit Is Filed

It’s been in the news a lot lately: newborn injuries and newborn deaths. In fact, even though we are one of the richest and most developed countries in the world, the U.S. infant mortality rate is 5.9 deaths per 1,000 live infant births. That rate is well below the average rate of infant mortality among Organization for Economic Cooperation and Development (OECD) countries, which is 3.9 deaths per 1,00 live births. When the death is due to negligence or any kind of wrongdoing on behalf of the medical professionals or medical facilities, in the United States at least, you can file a claim or lawsuit. This never replaces what was owed to you, but it can help pay bills and relieve some pain and suffering.

Most recently, a woman, Ms. Cocoran, in Lucas County, Ohio, filed a medical malpractice lawsuit in the Common Plea Court against a  ProMedica physician and other facilities and staff members. Her newborn son died. She claims proper medical care was not given, leading to the death of her newborn. Ms. Cocoran’s complaint states that she and

the infant were patients under the care of Dr. Mohammadione and ProMedica’s staff on Aug. 8[, 2019].

According to The Blade’s reporting, this complaint is not the first complaint against Dr. Mohammadione:

In January, 2015, a Toledo couple was awarded more than $10.9 million in damages after a woman suffered a stroke during her pregnancy after consulting with Dr. Mohammadione, who allegedly told her she didn’t need to go to the hospital.

Ms. Cocoran claims damages in excess of $25,000, including $10,000 for funeral expenses and compensation for emotional trauma. To win her lawsuit, she and her legal team will have to prove a few things.

What Do You Need to Prove to Win a Wrongful Death or Newborn Injury Claim?

If your newborn was injured or died while in utero, during birth, or directly after birth, and it was because of the negligence of the physician or other medical staff, you will have to prove the following elements to win your case.

  1. Was there a doctor-patient relationship established? You and your newborn must have been under the care of the physician or the medical facility. This doctor-patient relationship establishes a duty of care the physician owes to the patient.
  2. Was there a breach of the duty of care? Did the doctor or another medical staff member do or fail to do something that breached their duty of care? For example,
  • Was a maternal infection improperly diagnosed?
  • Was the moth prescribed the wrong prescription?
  • Were machines for signs of fetal distress during birth improperly monitored?
  • Were forceps or vacuums improperly used?
  • Did the breach cause the newborn’s injury or death? You will have to show that the injury, defect, or death was directly and proximately caused by the negligence. This also means that the newborn would not have suffered the injury regardless of the negligence.
  • Did the newborn or you suffer specific, monetarily quantifiable damages? This means, for example, were there any
    • physical injury or death
    • emotional distress
    • pain and suffering
    • mental anguish
    • medical bills
    • disability costs
    • loss of consortium
    • funeral expenses.

    It may seem straightforward to prove these elements, but it can be a highly technical and complex process. A birth injury attorney will need the resources and time to put forth a strong claim in order to win a birth injury case or to settle it in your favor.

    Who Do You Contact if Your Newborn Died at Birth Due to Medical Staff Negligence?

    If you or your newborn was injured or your newborn died in utero, during birth, or directly after birth, and you believe it is the result of negligence, contacting an experienced birth injury attorney is in your best interests. 

    About the Author

    Briggs Bedigian
    Briggs Bedigian

    H. Briggs Bedigian (“Briggs”) is a founding partner of Gilman & Bedigian, LLC.  Prior to forming Gilman & Bedigian, LLC, Briggs was a partner at Wais, Vogelstein and Bedigian, LLC, where he was the head of the firm’s litigation practice.  Briggs’ legal practice is focused on representing clients involved in medical malpractice and catastrophic personal injury cases. 

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