COUNT ONE - NEGLIGENCE

24. Plaintiff incorporates by reference herein all of the facts and

allegations contained in paragraphs one through 23 of the Complaint as if fully set forth herein and further allege as follows:

25. In their care and treatment of _________________________ and her fetus, the minor Plaintiff, _________________________, Defendants owed a duty to exercise that degree of care and skill,

which reasonably competent similar health care providers would have exercised in the same or similar circumstances.

26. Defendant, _________________________, violated that duty and was negligent in the following ways, among others:

A. He failed to properly assess _________________________’s blood condition in a timely manner;

B. He failed to properly treat _________________________’s Rh negative status

and take appropriate steps to prevent the development of her becoming sensitized in a timely manner;

C. He failed to recognize and appreciate the seriousness of

_________________________’s hematological condition in a timely manner;

D. He failed to properly monitor and test _________________________’s blood values during her 2000 pregnancy; and

E. He failed in other ways to manage _________________________’s condition in an appropriate manner in order to avoid preventable injury to her fetus.

27. Defendant, _________________________, through its actual and apparent agents, servants and/or employees, including _________________________, violated its duty and was negligent in the following ways, among others:

A. It failed to properly assess _________________________’s blood condition in a timely manner;

B. It failed to properly treat _________________________’s Rh negative status and take appropriate steps to prevent the development of her becoming sensitized in a timely manner;

C. It failed to recognize and appreciate the seriousness of _________________________’s hematological condition in a timely manner;

D. It failed to properly monitor and test _________________________’s blood values during her pregnancy with _________________________;

E. It failed to communicate critical clinical information to the physicians in a timely manner;

F. It failed to go up the chain of command within the hospital’s hierarchy in order to obtain appropriate assessments and care for _________________________ in a timely manner;

G. It failed to have and follow safe practices in monitoring and reporting a concern for the development of Rh sensitization;

H. It failed to provide proper staffing for its obstetrical department and failed to properly train their staff; and

I. It failed in other ways to manage _________________________’s condition in an appropriate manner in order to avoid preventable injury to her fetus.

28. The aforesaid negligence of the Defendants directly and proximately caused the minor Plaintiff, _________________________, to sustain severe, painful, permanent and disabling injuries, including, but not limited to:

A. Cerebral palsy;

B. Brain injury;

C. Cognitive and motor dysfunction;

D. Speech and language delay;

E. Pain and mental anguish;

G. Disfigurement and inconvenience;