After a delay in diagnosis of fetal distress allegedly led to the death of an infant, the parents of the child have filed a birth injury lawsuit in Federal Court against the physician and the health center involved. According to the medical malpractice claim, the doctor failed to promptly and accurately assess the infant's medical condition, and as the result of the missed diagnosis, the child suffered catastrophic harm and later died. Had the doctor not breached the standard of care required in this situation, it is possible that the baby would have survived, according to the lawsuit.
Generally, medical malpractice refers to the failure of a health care professional to act in accordance with the standard of care expected of health care professionals in similar circumstances. When a breach occurs (the health care professional does not act according to the standard) and harm occurs, the medical professional may be held responsible in a medical negligence case and be liable for damages.
In this instance the parents assert that the doctor failed in his duty to properly assess the dangerous and serious conditions facing the infant, and subsequently failed to take the necessary actions to remedy the situation. While it is unknown whether the doctor could have saved the child had he acted promptly, his failure to take the proper steps virtually eliminated the chance of an improved outcome.
For more information, or if you believe you or a loved one has been the victim of medical malpractice, please contact the top Los Angeles medical malpractice lawyers at Bostwick & Peterson, LLP for an immediate consultation.