IN THE COURT OF COMMON PLEAS

MIAMI COUNTY, OHIO

_____________ a minor *

by his parents and next friends

_____________ *

* COMPLAINT

and *

_____________ *

*

and *

_____________, Individually * JURY DEMAND ENDORSED

*

and *

* JUDGE

Plaintiffs *

v. *

_____________ *

*

and

*

_____________

*

and

*

_____________

*

*

Defendants *

* * * * * * * * * * * *

1. The minor Plaintiff, _____________, was born on , at _____________ in Ohio.

2. _____________ and _____________, are the natural parents of _____________ and are residents of Ohio.

3. At all times relevant to this Complaint, Defendant, _____________, was a licensed physician in the State of Ohio holding himself out to the public, including Plaintiffs, as being a physician trained, and able, competent and qualified to provide safe and proper medical care and treatment, including pediatric care and treatment, to his patients.

4. At all times relevant to this Complaint, Defendant, _____________, held itself out to the public as a health care organization providing pediatric medical services, whose actual and/or apparent agents, servants and/or employees possessed that degree of skill, expertise, knowledge and ability ordinarily possessed by reasonably prudent and competent like health care providers and who were acting within the scope of their agency and/or employment when providing care and treatment to the minor Plaintiff.

5. At all times relevant to this Complaint, Defendant, Dr. _____ was the actual and/or apparent agent, servant and/or employee of Defendant, _____________, who is vicariously liable for the injuries and damages proximately caused by the acts and omissions of Defendant Dr. _____.

6. At all times relevant to this Complaint, Defendant, _____________, held itself out to the public as a health care organization providing pediatric medical and nursing services, whose actual and/or apparent agents, servants and/or employees possessed that degree of skill, expertise, knowledge and ability ordinarily possessed by reasonably prudent and competent like health care providers and

who were acting within the scope of their agency and/or employment when providing care and treatment to the minor Plaintiff.

7. At all times relevant to this Complaint, _____________’s pediatric nurses, house officer and Defendant Dr. _____________, who provided care and treatment to the minor Plaintiff, were the actual and/or apparent agents, servants and/or employees of Defendant _____________ acting within the scope of their employment and/or agency.

8. At all times relevant to this Complaint, Defendant _____________ is directly and vicariously liable for the injuries and damages proximately caused by the acts and omissions of its actual and/or apparent agents, servants and/or employees, including, but not limited to, the pediatric nurses, house officer and Defendant _____________, who provided care and treatment to the minor Plaintiff.

FACTUAL BACKGROUND

9. _____________ was born via spontaneous normal vaginal delivery

at _____________ on ____________, at 20:44. _____________ weighed 8 lbs., 8 oz., with APGAR scores of 8 and 9. (This is an assessment of neonatal well-being, with 10 being the best score.)

10. _____________’s initial nursing newborn examination was normal and he

was admitted to the newborn nursery at about 8:45 p.m. under the care of Defendant, _____________, for well-baby care.

11. At around 3:00 a.m. the next morning, the nurses noted that

_____________’s lower extremities were edematous.

12. By 5:15 a.m., _____________ was grunting periodically and remained

edematous.