C. NEGLIGENCE

(ON BEHALF OF _____________)

20. Plaintiffs incorporate herein by reference thereto the averments contained in paragraphs 1-19 as though same were fully set forth herein.

21. Defendant, _____________, is liable for the acts and omissions of its actual and/or apparent agents, servants, and/or employees during the care and treatment of _____________ and her fetus/baby under the doctrines of respondeat superior and/or apparent agency.

22. Defendant, _____________, is liable for the acts and omissions of Defendant, _____________, during his care and treatment of _____________ and her fetus/baby under the doctrine of respondeat superior and/or apparent agency.

23. Defendants, directly and/or through their respective actual and/or apparent agents, servants and employees, owed Plaintiffs, _____________ and _____________, the duty to exercise that degree of care and skill which like health care providers would have exercised in meeting the standards of care applicable to each under the same or similar circumstances.

24. Defendants, directly and/or through their respective actual and/or apparent agents, servants and employees, acting within the consent and scope of their agency or employment, breached their respective duties and the applicable standard(s) of care, and were negligent, grossly negligent, willful, wanton, reckless and careless in the following particulars, as well as in such other acts and omissions as may be determined through legal discovery in this action:

a) In failing to properly recognize, explore and assess Ms. _____________’s symptoms and hyperstimulation patterns, and to do so on a timely basis;

b) In failing to appreciate the fact that the contraction patterns were highly suspect/indicative of abruption, and to do so on a timely basis;

c) In failing to intervene to prevent fetal endangerment, and to do so on a timely basis;

d) In failing to appreciate, recognize and respond to _____________’s condition in a timely and appropriate manner;

e) In failing to appreciate, recognize and respond to the baby’s condition in a timely and appropriate manner;

f) In failing to diagnose, respond to and treat the baby’s condition in a timely and appropriate manner;

g) In failing to properly monitor the fetus’ condition;

h) In failing to seek the necessary consultation(s) in a timely fashion;

i) In failing to properly manage Ms. _____________’s labor and delivery;

j) In failing to arrange for timely delivery of the baby, via Cesarean Section; and,

k) In otherwise failing to adhere to the applicable standards of care.

25. Moreover, Defendant, _____________, directly and through its actual and/or apparent agents, servants and employees, acting within the consent and scope of their agency and/or employment, further breached its duties and the applicable standards of care, and was negligent, grossly negligent, willful, wanton, reckless and careless in the following particulars, as well as in such other acts and omissions as may be determined through legal discovery in this action:

a) In failing to recognize and subsequently notify a physician that the infant required emergency delivery and intervening measures on a timely basis;

b) In failing to communicate up the chain of command within the hospital’s hierarchy, on a timely basis, to insure that an appropriate plan of care was instituted promptly to respond to the troublesome clinical findings and deliver the baby;

c) In administering Stadol in the absence of physician’s orders;

d) In administering Stadol in the presence of an already abnormal fetal heart rate pattern;

e) In failing to maintain a sufficient number of competent hospital staff to meet the patient’s needs;

f) In failing to adequately train, supervise and monitor its agents and employees; and,

g) In otherwise failing to adhere to the applicable standards of care.

26. As a direct and proximate result of Defendants’ negligence, and each of them, Plaintiff, _____________, a minor, sustained severe, permanent and disabling injuries, including, but not limited to: