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Wednesday, March 23, 2011

South Carolina Hospital Negligence Case

Below is a case in South Carolina where a hospital was sued for its negligence during the birth of a baby girl in 2003. She suffered a lack of oxygen and therefore experienced severe brain injury. A nurse trainee was the one in charge of reading the heart monitoring data and misread the baby's signals and it didn't get the attention it needed. She died within a few months from cerebral palsy and the blame is on the hospital for negligence during the birth of the baby.

The hospital has a duty to provide patients with able employees who read data correctly in order to keep their patients safe and cared for. The hospital also had a breach of duty because a reasonable person would have read the data correctly and gotten the baby needed assistance so it could have lived fine. But, for the misreading of the data by the nurse trainee, the baby would have been okay and lived and therefore the negligence of the hospital has causation. The obvious damage of the baby dying can not be given back to the couple. With the evidence of the trainee misreading the data, the hospital is definitely subject to a negligence case and will most likely fail, as they did in this case.



Posted On: April 8, 2009
by New York Personal Injury Attorney

South Carolina Hospital Negligence Case Awards Parents

The Piedmont Medical Center has been instructed recently by a York County jury to pay damages due to hospital negligence amounting to over $4 million to a South Carolina couple, The Charlotte Observer reported in an article. The couple, Robin and Brice Wilson, had lost their infant daughter during her birth due to a brain injury.

Sierra Wilson had been born in 2003 at the hospital but lack of oxygen caused her to suffer a critical brain injury and she died of complications from cerebral palsy within a few months, the article said. The Wilsons had stated in their lawsuit that the hospital failed to note the child needed emergency intervention because a nurse trainee assigned to the expectant mother misread fetal heart monitoring data. Hospital officials reportedly defended their actions in the care that had been provided to the Wilsons and are now evaluating their legal options.

Unfortunately birth injuries caused by medical negligence are extremely common in the United States. Medical facilities of all types, small, large and well established are all, for a variety of reasons, prone to causing injury accidents and fatalities due to misdiagnoses, failure to diagnose or not taking immediate and corrective measures. It is estimated that in New York alone more than 3% of those admitted to hospitals will be seriously injured because of negligence of some type.

The New York Hospital Negligence Lawyers at Wingate, Russotti & Shapiro, L.L.P specialize in assisting victims who believe they have been seriously injured or families who have lost a loved one because of negligence on the part of a medical facility. Our New York Medical Malpractice attorneys are assigned only a specific number of cases so they can focus on best serving our clients. If you’d like to better understand your legal rights and options in your hospital negligence or birth injury case, please contact our office and we’ll be happy to set up a comprehensive initial consultation for you, at no charge.

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