NEGLIGENCE

34. Defendants, directly and through their actual and apparent agents, servants and employees, are guilty of the following acts of omission, each of the acts alone or in combination were the proximate cause of _________________’s severe and permanent neurological impairment and damages resulting therefrom. Specifically, Defendant _________________’s, negligent acts are as follows:

a. Failure to deliver the baby in a timely fashion;

b. Failure to properly assess _________________ and her fetus in a timely manner;

c. Failure to recognize and respond appropriately to the worrisome patterns on the baby’s fetal heart tracing in a timely manner;

d. Failure to appreciate and recognize the risks of continuing labor;

e. Failure to properly manage and monitor the labor and delivery to prevent avoidable injury to the baby;

f. Failure to properly advise _________________ concerning the risks of continuing labor instead of delivering the baby operatively;

g. Failure to properly communicate and respond to the nursing staff’s concerns regarding the fetal heart tracings; and

h. Failure in other ways to properly manage _________________’s labor.

35. Defendant _________________ negligent acts are as follows:

a. Failure to properly assess _______________ and her fetus;

b. Failure to recognize and properly respond to worrisome patterns on the baby’s fetal heart tracing in a timely manner;

c. Failure to communicate to the attending obstetrician and other health care providers the need to intervene with ___________ ______________ worrisome labor in a timely manner;

d. Failure to follow the chain of command within the hospital’s hierarchy to arrange for an operative delivery in a timely manner;

e. Failure to properly train and supervise the health care providers in caring for patients in labor in these circumstances;

f Failure to have and follow safe practices in monitoring and reporting fetal heart tracings and caring for patients in labor in these circumstances; and

g. Failure in other ways to properly care for _________________ and her fetus.

DAMAGES

36. As a direct and proximate result of the Defendant’s negligence, directly and through its actual and apparent agents, servants and employees, Plaintiffs have suffered serious, severe, and permanent damage. _________________ has experienced physical pain, mental anguish, physical impairment, physical disfigurement and will, in reasonable probability, suffer from the same in the future.

37. Additionally, _________________ has also suffered a future loss of wage earning capacity and will, in reasonable probability, require future medical, nursing, custodial, physical therapy, educational care, specialized medical devices, pharmaceutical and other therapeutic needs after the age of 18 for the rest of her life, and will incur the expenses for the same.

38. Plaintiffs _________________ and _________________ have incurred medical expenses in the past and in reasonable probability will incur expenses pertaining to medical, nursing, custodial, physical therapy, educational care, specialized medical devices, pharmaceutical and other therapeutic needs on behalf of their daughter, _________________, due to her injuries, until she reaches age 18.

39. Further, Plaintiffs _________________ and _________________ have suffered mental anguish, as well as a loss of consortium because of the severe and disabling injuries to their daughter, _________________.

40. Plaintiffs hereby sue to recover for all of these injuries and damages as set out above. Plaintiffs have been damaged in a sum that is within the jurisdictional limits of the Court. Plaintiffs seek to recover prejudgment interest, as provided by law, and post judgment interest, as provided by law, from the date of judgment until paid.

41. Plaintiffs further state that in accordance with Tex. Civ. Prac. & Rem. Code §74.051, as amended, Plaintiffs have given notice to the Defendants of the claims against them for the various facts and circumstances that make the basis of this lawsuit via letters delivered to the Defendants by certified mail, for which return receipts have been received. Plaintiffs have complied with all prerequisites to successfully pursue a course of action under the common law of the State of Texas, and Tex. Civ. Prac. & Rem. Code, Ch. 74.

42. Plaintiffs, individually, by and through their attorneys of record, respectfully reserve the right to amend this Petition to allege with specificity any further actions and/or omissions as discovery may develop, and to allege specific damages in excess of the Court’s minimum jurisdictional limits.

43. Plaintiffs, individually and by and through their attorneys of record, hereby give notice to Defendants that this Petition is being served with Plaintiffs’ First Set of Interrogatories, Requests for Production of Documents, and Request for Disclosure, pursuant to Rule 194, Rule 196, and Rule 197 of the Texas Rules of Civil Procedure.

WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that the Defendants be cited to appear and answer and that, upon trial of the case, Plaintiffs have judgment against the Defendants jointly and severally, as follows:

a) For actual damages as specifically set out in this pleading.

b) For pre-judgment and post-judgment interest at maximum amounts and for the longest time permitted by law.

c) For cost of suit.

d) For such other and further relief to which the Plaintiffs may be justly entitled.

Respectfully submitted:

This entry was posted on Saturday, February 2nd, 2008 at 12:40 and is filed under cerebral palsy, cp. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.