Labor, Birth and Delivery, Obstetrics, OB-GYN Negligence Lawsuit

Florida parents of a newborn baby successfully brought a lawsuit against a hospital and its providers for
dropping their newborn baby on his head after birth. The baby’s head trauma resulted in a brain injury
that was confirmed by positive findings on MRI.

A doctor-in-training, or resident-doctor, was being supervised by another doctor who was actively in
charge of safely delivering the newborn baby boy. However, the resident-doctor was not ready to
receive the baby from the mother when the mother was told to push.

After the mother pushed, the baby was forcefully delivered without the resident-doctor being in proper
position. The baby fell from the delivery table before he could be secured and landed on the floor –
striking his head.

The emotionally distraught parents retained Emerson Straw to investigate and prosecute the birth injury
case for the family.

The Hospital and its providers fought hard to remove the case from the circuit court system and transfer
it into Florida’s notoriously inadequate NICA (Neurologic Injury Compensation Act) administrative
system. Ultimately, Emerson Straw kept the case in circuit court and obtained a confidential and
substantial settlement for this family.