Birth Injury – Failure to Recognize and Address Pre-Term Labor: Howard v. McLaren-Flint

Sommers Schwartz attorney Richard Groffsky filed a birth injury lawsuit in Genesee County, Michigan Circuit Court on behalf of a newborn who suffered catastrophic and permanent injuries after the attending medical personnel failed to recognize and address the mother’s premature labor.

According to the complaint, the mother arrived at the defendant hospital’s emergency room with several signs of premature labor, including repetitive contractions, abnormal electronic fetal monitoring, severe pain, complaints of localized pelvic pressure, and an assessment score indicating a medium level of risk.

The defendants, however, ignored the signs of premature labor. They failed to request that an obstetrician-gynecologist or certified nurse midwife conduct a cervical examination, neglected to recognize the need to administer medications that would slow or cease the progression of labor, and breached the standard of care that similar healthcare providers would have followed. Instead, the defendants discharged the mother from the hospital the same evening she arrived and without referring her to a specialist for care, treatment, and diagnosis.

As a result of the defendants’ negligence, the child was born prematurely and suffered severe respiratory distress syndrome, cerebral palsy, developmental disabilities, and other serious and permanent complications.

The lawsuit sought damages for the child’s injuries, pain, and suffering, along with compensation for ongoing expenses for medical care, physical therapy, special education, and other treatment.

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