Parents sue hospital over child's emergency delivery

By Kyle Barnett | Oct 22, 2012

NEW ORLEANS – The parents of a child born in an emergency situation are suing the hospital where the child was born and the attending physician for disabling injuries the infant allegedly suffered.

Victor Dixon and Kyeesha Price on behalf of their minor child have filed suit against Ochsner Clinic Foundation and Bryan Washington, M.D. in the Orleans Parish Civil District Court on Sept. 18. Price claims that when she went into labor a month early complications that resulted in blood loss to her infant daughter were not addressed by Dr. Bryan in a timely fashion. The plaintiffs claim that the time between nurses at Ochsner finding out the fetus was suffering lack of blood flow and the caesarean section approximately 45 minutes later resulted in the child being an invalid and needing extensive rehabilitation and care for the rest of her life.

Dr. Bryan is accused of failing to promptly return the call from the nursing staff concerning the emergency, failing to have procedures in place in a timely fashion or have a substitute physician available, failing to advise that the labor and delivery was of a high risk nature, failing to promptly arrive at the hospital to perform the emergency procedure and failing to give orders for interventions.

An unspecified amount in damages is sought for extensive life care, medical expenses, rehabilitation expenses, anoxic brain jury, permanent deprivation of any earning capacity, mental pain and suffering, physical pain and suffering, emotional distress, disfigurement, disability and loss of enjoyment of life.

The plaintiffs are represented by New Orleans-based attorney David A. Bowling.

The case has been assigned to Division J Judge Paula A. Brown.

Case no. 2012-08875.

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