Birth injuries and errors can lead to medical malpractice suit

On Behalf of | Nov 13, 2014 | Medical Malpractice |

The events leading up to a child’s birth seem to occur at a lightening pace. Once a woman has gone into labor, that pace quickens even further. Parents in Hawaii and across the nation  become swept away in a series of events that can be confusing and intimidating, and have little to no time to question the decisions made by the medical team attending the birth. At times, accidents take place, some of which will eventually become the subject of medical malpractice lawsuits.

Such is the case in a recently filed lawsuit in which one couple claims that insufficient anaesthesia was given before a Cesarean section was performed. The husband and wife assert that the hospital where the procedure took place was trusted to provide for the woman’s care, but that they allowed anaesthesia to be administered by a nurse anesthetist who was acting as an independent contractor. Furthermore, they claim that they were not informed that any portion of the woman’s care would be conducted by an independent contractor.

Within their lawsuit, the couple claims six separate counts, and are asking for damages of more than $75,000 for each count. The husband claims that he has been permanently deprived of companionship and consortium with his wife. The pair also state that the incident led to lost time at work and additional medical expenses, and that there will likely be future medical costs related to the incident.

As this case moves forward, parents in Hawaii and elsewhere may watch to see how the court will address these claims. Certainly anyone who has been present within a labor and delivery room can understand the fast pace of events and the need to have the utmost trust in the medical staff and facility chosen to facilitate the birth of a baby. A medical malpractice suit like the one mentioned here suggests that such trust may not always be founded.

Source:, “C-section leads to med mal lawsuit over failed anesthesia“, Nov. 11, 2014