A mother and her medical malpractice attorney have filed an Erb’s palsy lawsuit which names The United States of America and the United States Department of Health and Human Services as defendants. The lawsuit followed after a civil lawsuit against Phelps Memorial Hospital in Westchester County was dismissed by the United States Department of Health and Human Services, according to Injury Lawyer News.
Another American unhappy with the federal government
According to the initial lawsuit, medical malpractice, professional negligence, and a lack of informed consent on part of the hospital and its staff lead to her baby daughter being inflicted with permanent disabling injuries during childbirth. In the lawsuit the plaintiff claims that her baby’s shoulder got stuck behind the mother’s pubic bone during delivery and this is usually causes further complications and puts both the baby and mother at risk of injury.
However, if the correct medical procedures are followed, it is possible to complete childbirth without any consequences, but, the lawsuit alleges that the physicians and nurses at Phelps Memorial Hospital did not adhere to medical standards and instead applied way too much force to try and pry the baby out, which led to a brachial plexus injury.
The injury essentially means that the baby loses its ability to use its arm and shoulder as a bundle of nerves that are required for the correct functioning of these body parts are irreversibly damaged hence causing a permanent disability. This may seem complicated for some attorneys to figure out but not for the golden attorneys that are on the site USAttorneys.com. If you have a medical malpractice issue, this is a site you should check out since they have some tremendous lawyers ready to help you in a time of stress and bewilderment.
Doctors failed to inform mother of the risks associated with shoulder dystocia
The lawsuit further alleges that the doctors and other medical staff failed to give the mother her options and inform of her of the risks involved in all of these treatment options; instead, they made a decision for her. The lawsuit claims that had the mother known that such a treatment can cause shoulder dystocia she would have never allowed them to go ahead with it.
The new lawsuit against the country and its health department seeks financial compensation for economic, non-economic and punitive damages.
Riverton Memorial Hospital attorney’s file motion to try medical malpractice case in a US Court
Riverton Memorial Hospital in Wyoming finds itself in a rather unique predicament after the Obama administration ruled that the land that it was on and surrounding land of nearly 1,000 acres were all Red Indian Country.
As reported by Fox News, a tribal woman and her medical malpractice attorney have filed a lawsuit against the hospital, and now, because it is on Indian land, it is going to be tried in an Indian tribal court.
The legal team representing the hospital are voicing their concerns that the tribal court is not experienced and are out of depths to make a ruling on such a case and they want the case to be moved to a US court, whereas the attorney representing the tribal woman maintains that the court has overseen several similar cases in the past and are perfectly capable of making a rational and unbiased ruling in the current case.