Tennessee Medical Malpractice Claim For Discarded Newborn

In June, 2009, an obstetrician (OB) in Tennessee delivered a baby with an irregular heart rate who was gasping for breath but moving his extremities immediately after birth. The OB decided without consulting with anyone that the newborn would not survive and thereafter deposited the newborn’s body into a plastic container until the family could decide what to do with his body.

More than four hours later, a nurse walking by the container heard the newborn baby gasping for breath. Resuscitation efforts were started and the newborn was transferred to another hospital where he stayed for three months of intensive medical treatment.

A medical malpractice case has been filed against the delivering doctor for his alleged failure to call in a pediatrician to begin immediate resuscitation of the newborn and his alleged failure to transfer the newborn to a neonatal intensive care unit. The newborn (who is now a toddler) sustained brain damage and other serious injuries as a result of the alleged medical malpractice.


There is no doubt that anyone reading about this horrific situation would cringe at the thought of a living newborn’s body being disposed of in the manner alleged, without heroic medical efforts having been made to save the newborn’s life. While medical professionals receive years of advanced training and have the benefit of years of practical experience when treating their patients, the factual allegations in this Tennessee medical malpractice case serve as an example of when the professional opinions of treating medical providers may be (almost) dead wrong.

While the mistake of a waiter in a restaurant who brings you the wrong meal may be a mistake that is an annoyance or inconvenience, that mistake will probably not cause you serious or permanent injuries or result in your death. However, when a medical professional makes a mistake in treating (or failing to treat) you, the consequences can be dire and permanent. Because a negligent medical provider’s inadequate actions or omissions can foreseeably be expected to result in catastrophic injuries or death, when medical malpractice does occur, there should not be an artifical ceiling on the amount that the innocent injured victim may receive as compensation for his/her injuries; such caps (limits) on recoverable compensation serve only as a “free pass” to those who could have and should have been more careful and who were solely in control of the negligent situation that caused the injuries.

We at MedicalMalpracticeLawyers.com are passionate about our mission to try to assist innocent victims of medical malpractice. If you or a loved one were injured because of the medical negligence of a medical provider, you may be entitled to compensation for your injuries and losses.

Visit our website  or call us toll free at 800-295-3959 to be connected with local medical malpractice lawyers who may be able to assist you with your medical malpractice claim.

Turn to us when you don’t know where to turn.

You can follow us on Facebook, Twitter, and LinkedIn as well!

This entry was posted on Monday, December 26th, 2011 at 3:48 pm. Both comments and pings are currently closed.


Easy Free Consultation

Fill out the form below for a free consultation or contact us directly at 800.295.3959.
  • Please enter the correct answer to this math problem.
  • This field is for validation purposes and should be left unchanged.

    Easy Free Consultation

    Fill out the form below for a free consultation or contact us directly at 800.295.3959