In a lawsuit, a mother sues her doctor and midwife for breaching their duty to care for her and her baby. The case is becoming crucial and interesting as it may change the way justice is being granted to people who suffer from birth related injuries. The lawsuit was filed in the United States District Court, Palm Beach County by a young lady who came to the medical unit for delivery.

The lawsuit that initiated on July 5, 2012 had recorded Lauren Schneider as the plaintiff and defendants as Dr. Robert Sussman, M.D., and Sylvia Losada, CNM. In the lawsuit, Lauren Schneider alleged that the doctors couldn’t perform the Cesarean section properly and responsibly resulted in Erb’s palsy in the new born. The Plaintiff has strongly alleged that the medical care unit and other facilities associated with the unit couldn’t offer reasonable care to her and her new born and hence she is entitled to compensation for the damages and negligence.

According to the claim put-up by plaintiffs’ birth injury lawyer, Dr. Sussman was supposed to be present during the delivery and the whole procedure was to be handled by her only, however, she remained absent during the whole proceedings and the doctor put the care in the hands of her midwife, Losada. The lawsuit alleged Losada of not taking adequate care during the delivery and accused her of mishandling the situation that lead to the newborn suffer from Erb’s palsy which will lead to neurological and function defects for the rest of her life. The case also claimed that due to the negligence of the doctors and her midwife, the newborn sustained traumatic neck and shoulder injuries during birth and hence the plaintiff has every right to seek for compensation for the damages.

The plaintiff also alleged that the negligence on part of the facility caused the mother to suffer from physical and mental trauma, physical handicap, and impairment of walking ability.

The plaintiffs’ birth injury lawyer has also argued of failing to warn the patient of associated risks involved with the delivery. The plaintiffs’ lawyer has argued that the since the mother was small in stature and obese too, the condition put her new born at a distinct risk of suffering from shoulder dystotica, should she undergo a normal vaginal delivery. The facility should have warned the plaintiff much in advance as her body weight had gone much higher during pregnancy. In an attempt to intensify the case and put their claims in a more convincing manner the plaintiffs’ lawyer has also argued that the patient was suffering from high blood pressure and the facility should have taken it into consideration which they didn’t.