Tennessee Doctor Sued for Negligence in Baby Delivery Case

Tennessee Doctor Sued for Negligence in Baby Delivery CaseA Robertson County, Tennessee mother has filed a medical malpractice lawsuit on behalf of her toddler against an area physician over actions that were allegedly taken during the delivery of the child.

According to The Tennessean, the complaint is being filed on behalf of Matthew Allen Marlin, and alleges Marlin was thought to be dead and left in a plastic bin for more than four hours until a nurse noticed the baby was alive and trying to breathe.

The lawsuit was filed on Wednesday, December 21, against Dr. John W. O’Donnell III in Robertson County Circuit Court, and alleges that while some nurses claimed to have seen signs of life in the baby, O’Donnell stated the baby would not survive.

“The baby was fighting for his life and Dr. O’Donnell decided on his own – without any consultation from anyone else – that the baby had no chance of living,” the lawsuit states.

Marlin was allegedly placed in a plastic bin until the family decided what it wished to do with the body when a nurse passed by and noticed he was gasping for breath hours later, according to the media outlet.

The suit claims O’Donnell was negligent and that Marlin’s ensuing brain injuries were due to the doctor’s failure to provide “timely and appropriate diagnosis, intervention, treatment and care.”

“In the complaint, we claim that a pediatrician should have been called immediately to resuscitate the baby, and the baby should have been sent to a neonatal intensive care unit,” said the family’s medical malpractice attorney. “That did not happen.”

According to Medscape, significant birth injury contributes to fewer than 2 percent of all neonatal deaths and stillbirths in th U.S. One-half of these birth traumas are said to be avoidable, so long as physicians recognize and anticipate obstetric risk factors.