Hospital Negligence Claim Removed To Federal Court

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On behalf of Hastings Law Firm posted in Hospital Negligence law firms in Texas on Monday, December 21, 2015.

When a Texas mother and her unborn child are in danger of suffering health problems during pregnancy, she would naturally expect to find competent care from a medical facility and its staff members. However, it is not uncommon for babies to be born with conditions such as cerebral palsy because of physician or hospital negligence. A mother in another state filed a lawsuit in a circuit court in July; however, on Nov. 23, it was removed to federal court.

According to the complaint, the pregnant mother went to a medical facility on May 26, 2013, when she was just more than 25 weeks into her pregnancy. She reported vaginal bleeding, and after being seen by a certified nurse midwife and a registered nurse, she was administered Terbutaline — a drug often used to treat preterm labor by reducing contractions. She was then discharged, only to return three days later with continuous bleeding. Radiography imaging showed the fetus in a breech position, and although the mother complained of pressure-like pain, she was discharged again.

Two days later she apparently went back to the hospital, and after receiving Terbutaline once again, she was discharged. She was informed that her condition would be reviewed the following week at a high-risk meeting. She contends her condition did not improve, and when she went back on June 3, she was informed that a c-section would be performed. Her baby was then born with several injuries and suffering severe cerebral palsy.

The lawsuit claims hospital negligence in allowing midwives and nurses to handle such a high-risk case without allowing the patient to consult with a physician. Also, on three different occasions, they allegedly failed to admit her to the hospital for proper monitoring of her condition. Any Texas person who has suffered similar circumstances of medical negligence may file a medical malpractice lawsuit. Our Houston medical malpractice law firm is here to help. Documented claims for damage recovery may include past and future medical expenses along with lifelong care of the child born with cerebral palsy. Emotional trauma of both mother and child may also form part of the claim.

Source:, “Mother, child sue Berkeley Medical Center for malpractice“, Kyla Asbury, Dec. 15, 2015



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