The birth of a child can be one of the most eagerly and happily anticipated events in a woman's life in Oregon. The majority of babies come into the world as healthy newborns. When something goes wrong and causes a birth injury to occur, a happy occasion can turn into a nightmare.
In a recent lawsuit brought in another state, a woman claims her newborn daughter suffered injuries during delivery. The baby suffered an injury to her right shoulder and palsy in her right arm that caused the arm to be limp. The mother claims that incorrect delivery methods were used and that she was not offered the option of a cesarean section. The suit is asking for a judgment of over $50,000.
The hospital and the delivering doctor are named as defendants. The hospital asserts that the circumstances of the situation were beyond its control. The hospital brought a motion to dismiss based on insufficient detail provided as to why the health care facility should be liable. The mother argues that she does not need to provide the evidence at this point but must have sufficient facts to support her claim. The case is ongoing, and presumably, the mother hopes to document further aspects of her claim through the discovery process during the course of the litigation.
When an anticipated event, such as the birth of a child, does not go as expected in Oregon parents may be shocked, grief-stricken and in want of answers as to why a birth injury occurred. A confidential conversation with a medical malpractice attorney may begin to yield some answers. An experienced lawyer can review the situation and assist his or her client in determining what legal options may be available.