CAUSE NO.

_________________ and * IN THE DISTRICT COURT OF

____________________

Individually, and as next friends of * LUBBOCK COUNTY, TEXAS

_________________, a minor child

* 99^th JUDICIAL DISTRICT

Plaintiffs

*

v.

*

_________________

*

and

*

_________________

and

_________________

d/b/a __________________

_______________________ *

Defendants *

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

PLAINTIFFS’ ORIGINAL PETITION

COME NOW Plaintiffs, _________________ and _________________, Individually, and as next friends of _________________, a minor child, herein referred to as Plaintiffs, complaining of _________________, and _________________, and _________________ d/b/a ________________________________, Defendants, and file this Petition under Texas Rules of Civil Procedure 190.4 (Level 3), and for cause of action would respectfully show the Court as follows:

PARTIES

1. Plaintiffs, _________________ and _________________, are the natural parents of _________________, a minor child, who reside in __________, Texas.

2. Defendant, _________________, is an obstetrician/gynecologist licensed to practice medicine in the State of Texas, who can be served at __________________, Texas 79410.

3. Defendant _________________, is a Texas corporation and licensed health care facility in the State of Texas. ________________ is the resident agent for _________________ who can be served at _________________________, Texas 79410.

4. At all times pertinent to this action, Defendant _________________ acted directly and through its actual and apparent agents, servants and/or employees who, at all times, acted within the scope of their authority and/or employment and thus is directly and also vicariously liable for the acts and omissions of it’s agents, servants and/or employees, including, but not limited to, _________________

5. Defendant _________________ d/b/a _________________-____________ (hereinafter, “_________________”) is a Texas corporation and licensed health care facility in the State of Texas. _________________ is the resident agent for ____________ ____________________ who can be served at _____________________, Texas 79410.

6. At all times pertinent to this action, Defendant _________________ acted through its actual and apparent agents, servants and/or employees who, at all times, acted within the scope of their authority and/or employment and thus is directly and vicariously liable for the acts and omissions of it’s agents, servants and/or employees.

. VENUE

7. Venue is proper in Lubbock County where Defendants are and were engaged in a regular course of business and where the acts of negligence occurred.

FACTS

8. _________________ was a 24 year old mother to be who was full term when she was admitted to _________________ under _______________, M.D.’S service at approximately 0700 on October 3, 2006 for an elective induction of labor.

9. The nurses evaluated _________________, put her on an external fetal monitor to assess the baby’s heartbeat and found the heart rate to be reassuring.

10. An hour later, the nurses administered Pitocin as part of the induction in order to stimulate labor. At that time, her cervix was dilated to 2cm and the fetus was at minus 2 station. _________________ membranes were then artificially ruptured again to stimulate the labor with clear fluid obtained.

11. At about 1145, the nurse called _________________ to update her on _________________ progress.

12. By approximately 1218 an epidural had been placed to help control the pain of labor.

13. Variable decelerations down to 65-90 were noted at about 1319.

14. The nurses placed a fetal scalp electrode to more accurately trace the fetal heart rate as there had been breaks in the tracing along with variable decelerations prior to this time.

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