A midwife student delivered my baby cause the doctors were not available. My baby has hypotonia now. Who is liable?

My husband and I are caring for our eight-month-old son who still cannot crawl or move about in a normal fashion. A midwife still being trained by our local hospital delivered my daughter since both gynecologists on call were unavailable. My baby’s current doctor says she has hypotonia and several other serious ailments. Do I have a right to sue the hospital and the midwife student?

 

Answers (1)

You really need to ask a lawyer who handles birth trauma litigation to review your medical records to see if malpractice was committed. Only an expert attorney can tell if negligent or substandard care was provided to you. The law firm’s investigator will also probably look into why one of the more senior physicians couldn’t be present in the delivery room to supervise and guide the midwife trainee. Unless the hospital was deluged with some type of major disaster at the time, you had a right to expect someone with more seniority to be present.

Since your daughter’s ailments sound rather extensive, you should immediately pursue litigation. Hopefully, you’ll prevail with your birth trauma claim and then be able to afford the comprehensive therapy and care your daughter is likely to need for a long period of time.

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