Federal Care System Faces Birth Injury Lawsuit
By Amanda Antell
New Jersey plaintiff Gabrielle Moore is suing the U.S. federal healthcare program CompleteCare Health Network for the injuries her daughter, Summer Moore, sustained during her birth. Allegedly, the midwife attending to her birth, Roberta Milligan, acted improperly and too late, causing Moore’s daughter to suffer from serious birth injuries.
Leading up to the birth of Moore’s daughter on May 17, 2011, it was alleged that several nurses passed off her pregnancy concerns to various coworkers, and failed to act accordingly to the complications that arose during labor. Allegedly, in November 2010, Moore’s nurse Francis Doria had handed her off to a certified nurse midwife (CNM) named Roberta Milligan.
Allegedly, the plaintiff complained of various concerning symptoms as early as December 2010, but Milligan and Doria disregarded the plaintiff’s worries. Moore’s daughter was born with Down syndrome, and had to be taken into immediate medical care after her birth.
Due to the fact that the hospital, medical staff and other business operations were provided under the federal CompleteCare, the plaintiff is not only suing the state of New Jersey, but also the United States for the injuries her daughter suffered. The United States had assigned Moore to CompleteCare under the belief and claim that medical employees and contractors were qualified to do their designated jobs, and therefore, allowed the plaintiff to believe that no such adverse events would happen to her and her daughter.
Asserting claims under the U.S. Federal Tort Claims Act, U.S.C. sec 1346(b), 2401(b) and 2671, Moore is suing CompleteCare for negligence and birth injuries caused by negligent malpractice. At all times relevant to this case, CompleteCare and its employees involved in this case were responsible for ensuring Moore had a safe birth, and were expected to look for signs of trouble at all times in the pregnancy.
Moore alleges that it is in direct consequence to CompleteCare’s employees’ negligence that she and her daughter suffered from a difficult birth and will be forever deprived of a normal life. She will be faced with costly medical bills for her daughter’s treatment, and must secure specialized education. Moore states that it’s the responsibility of CompleteCare to admit negligence to what happened to her, as well as any other victims who may have suffered from their substandard care.
Overview of Birth Injury Complications
Despite the severity of Moore’s case, it is becoming apparent that throughout the country that more and more malpractice birth injury cases are arising. While there is no definite answer as to why this is happening, many legal experts believe it is due to inadequately trained employees who are required to work too many hours. In essence, the work outnumbers the manpower, which is a growing concern amongst hospitals across the country.
From various medical statistics, it has been shown that malpractice birth injury complaints have been steadily rising through the years, it is currently estimated that 3 percent of the children born in the United States are suffering from malpractice birth injuries. These cases may involve misdiagnosis, failure to recognize symptoms of fetal distress and other types of medical malpractice.
This birth injury lawsuit is labeled as Gabrielle Moore vs. United States of America and CompleteCare Federal, Case No. 1:13-cv-05702-JHR-AMD, in the U.S. District Court for the District of New Jersey.
File a Malpractice Birth Injury Lawsuit Today
If you believe that you or a loved one have been the victim of a malpractice birth injury, you have legal options. Please visit the Medical Malpractice Birth Injury Lawsuit Class Action Lawsuit Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned birth injury lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The birth injury attorneys working this investigation do not get paid until you do.
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