Obstetrician sued for medical malpractice for birth injury

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Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
August 4, 2023
The birth of a baby is almost always the happiest of events. Houston moms and dads plan for the event by decorating rooms, purchasing clothes and running countless errands to get ready for the big arrival. When the delivery runs into complications, though, parents have one immediate task: getting answers as to what went wrong. When there are birth injuries they can be caused by a negligent doctor or negligent medical staff.
A U.S. obstetrician is currently in court for a birth injury that occurred while she was delivering a baby. The parents remarked that they were not aware the baby was going to be large. Since the baby turned out to be over 9 pounds the parents allege that the child’s shoulders became stuck in the birth canal during delivery. The doctor used a birthing vacuum that popped off from the head of the child in the first of two attempts.
Ultimately, the doctor pushed the baby back into the womb and performed an emergency C-section. The child was born with a permanent brachial plexus injury, which means her right arm is essentially non-functional with no strength. The doctor argues that her work did not cause the injury and in fact saved the life of the child.
When any birth takes a turn for the worse and results in serious injury, many legal questions need to be answered. When there is an injury at birth, it is important to investigate if there was negligence on the part of the medical staff. If the injury was indeed caused by negligence the family is entitled to compensation for their medical expenses, future medical expenses, and other related costs. A legal professional skilled in medical malpractice can help a family investigate what happened and determine if there is negligence present in their unique situation.
Source: AL.com, “Trial begins for Madison obstetrician sued for malpractice, defense argues she saved baby’s life,” Brian Lawson, Sept. 24, 2013
John A. Davis, Jr.


John A. Davis, Jr. and Steven R. Davis

August 4 2023

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

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