Example Cerebral Palsy Complaint in Pennsylvania Part 4 of 8

This is part 4 of our sample birth injury lawsuit filed we filed in Pennsylvania.

COUNT VIII: NEGLIGENCE – MEDICAL MALPRACTICE

Mother Plaintiff and Father Plaintiff, Individually, as Parents and
Natural Guardians of Baby Plaintiff, a Minor,
v.
Amanda C. C, D.O.

182. Plaintiff incorporates paragraphs 1-179 above herein by reference and in additional avers:
183. Defendant Dr. C owed a duty imposed by the common law of the Commonwealth of Pennsylvania to skillfully, prudently, and properly diagnose, care, treat, advise, and observe Mother Plaintiff and her unborn twins in such a manner as would a reasonable and prudent physician specializing in obstetrics, gynecology, and maternal-fetal medicine confronted by similar conditions and circumstances treating patients with medical conditions similar to Mother Plaintiff.
184. That at all times relevant to the claims at bar, the standard of medical care applicable to Dr. C for the treatment of Mother Plaintiff and her unborn twins included, but was not limited to: 1) properly monitoring, assessing, interpreting, and documenting Mother Plaintiff’s twins’ fetal heart rates when she saw Mother Plaintiff on June 20, 2017; 2) properly assessing and evaluating the risk of pregnancy complications for a twin pregnancy with monochorionic diamniotic twins when she saw her on June 20, 2017; 3) properly monitoring, assessing, and evaluating Mother Plaintiff’s twin pregnancy for complications when she saw her on June 20, 2017; 4) properly and timely recognizing that Mother Plaintiff and her twins were suffering from utero-placental insufficiency when she saw Mother Plaintiff on June 20, 2017; 5) properly and timely recognizing that Mother Plaintiff’s twins were suffering from IUGR on June 20, 2017; 6) properly and timely recognizing that Mother Plaintiff’s twins were suffering from gestational hypertension on June 20, 2017; 7) immediately placing Mother Plaintiff on a fetal heart monitor upon her arrival to Stoneleigh Hospital on June 20, 2017; 8) immediately realizing that Mother Plaintiff required a stat cesarean c-section upon her arrival to Stoneleigh Hospital on June 20, 2017; and 9) not delaying in performing an emergency cesarean section immediately upon Mother Plaintiff’s arrival at Stoneleigh Hospital on June 20, 2017.
185. Dr. C breached the applicable standard of medical care owed to Mother Plaintiff and her unborn twins on June 20, 2017. These breaches included, but were not limited to: 1) failing to properly monitor, assess, interpret, and document Mother Plaintiff’s twins’ fetal heart rates when she saw Mother Plaintiff on June 20, 2017; 2) failing to properly assess and evaluate the risk of pregnancy complications for a twin pregnancy with monochorionic diamniotic twins when she saw her on June 20, 2017; 3) failing to properly monitor, assess, and evaluate Mother Plaintiff’s twin pregnancy for complications when she saw her on June 20, 2017; 4) failing to properly and timely recognize that Mother Plaintiff and her twins were suffering from utero-placental insufficiency when she saw Mother Plaintiff on June 20, 2017; 5) failing to properly and timely recognize that Mother Plaintiff’s twins were suffering from IUGR on June 20, 2017; 6) failing to properly and timely recognize that Mother Plaintiff’s twins were suffering from gestational hypertension on June 20, 2017; 7) failing to immediately place Mother Plaintiff on a fetal heart monitor upon her arrival to Stoneleigh Hospital on June 20, 2017; 8) failing to immediately realize that Mother Plaintiff required a stat cesarean c-section upon her arrival to Stoneleigh Hospital on June 20, 2017; and 9) delaying in performing an emergency cesarean section immediately upon Mother Plaintiff’s arrival at Stoneleigh Hospital on June 20, 2017.
186. As a direct and proximate result of Dr. C’s negligence and breaches of the applicable standards of medical care, Baby Plaintiff suffered a severe and permanent physical injury, including but not limited to, oxygen deprivation, severe hypoxia, severe metabolic acidosis, permanent brain injury, respiratory distress, neurological impairment, gastrointestinal impairment, and multi-system organ failure.
187. As a direct and proximate result of the negligence of the Defendant Dr. C, Baby Plaintiff suffered mental and physical pain and suffering, inconvenience, humiliation, embarrassment, loss of life’s enjoyment and pleasures, and the damages that discovery will show are appropriate under the laws of the Commonwealth of Pennsylvania.
188. Baby Plaintiff’ medical expenses to date total approximately $100,089.25. Baby Plaintiff has incurred and will incur past medical expenses; past pain and suffering; future costs and medical expenses; future lost wages; future loss of earning capacity; and future pain, suffering, and inconvenience.
189. As the parents and next friend of Baby Plaintiff, a minor, Mother Plaintiff and Father Plaintiff are legally responsible for paying these past and future medical expenses.
190. Therefore, as the direct and proximate result of these breaches of the applicable standard of medical care, Mother Plaintiff and Father Plaintiff incurred past medical expenses on behalf of Baby Plaintiff. They will incur future medical expenses on behalf of Baby Plaintiff; future cost and expenses for the care of Baby Plaintiff; and the loss of services, labor, assistance, etc. from their child, Baby Plaintiff.
191. All of the allegations of negligence and wrongful conduct set forth herein increased the risk of harm to Plaintiff Mother Plaintiff and her unborn twins (in particular Baby Plaintiff).
192. The harm suffered by Mother Plaintiff and in particular Baby Plaintiff from discharging Mother Plaintiff from the hospital rather than keeping her in the hospital and/or delivering her via cesarean section was of a kind that ordinarily does not occur in the absence of negligence.
193. The damages of the Plaintiff Baby Plaintiff exceed the amount requiring mandatory arbitration in Stoneleigh County.
     WHEREFORE: The Plaintiffs, Mother Plaintiff and Father Plaintiff, individually, and as parents and natural guardians of Baby Plaintiff, a minor, claim monetary damages on her behalf against Dr. C together with interests and costs of suit in an amount in excess of the arbitration limits.

COUNT IX: NEGLIGENCE – MEDICAL MALPRACTICE </s trong>

Mother Plaintiff and Father Plaintiff, Individually, as Parents and
Natural Guardians of Baby Plaintiff, a Minor,
v.
Norman N, M.D.

194. Plaintiff incorporates paragraphs 1-191 above herein by reference and in additional avers:
195. Defendant Dr. N owed a duty imposed by the common law of the Commonwealth of Pennsylvania to skillfully, prudently, and properly diagnose, care, treat, advise, and observe Mother Plaintiff and her unborn twins in such a manner as would a reasonable and prudent physician specializing in obstetrics, gynecology, and maternal-fetal medicine confronted by similar conditions and circumstances treating patients with medical conditions similar to Mother Plaintiff.
196. That at all times relevant to the claims at bar, the standard of medical care applicable to Dr. N for the treatment of Mother Plaintiff and her unborn twins included, but was not limited to: 1) properly monitoring, assessing, interpreting, and documenting Mother Plaintiff’s twins’ fetal heart rates when he saw Mother Plaintiff on June 20, 2017; 2) properly assessing and evaluating the risk of pregnancy complications for a twin pregnancy with monochorionic diamniotic twins when he saw her on June 20, 2017; 3) properly monitoring, assessing, and evaluating Mother Plaintiff’s twin pregnancy for complications when he saw her on June 20, 2017; 4) properly and timely recognizing that Mother Plaintiff and her twins were suffering from utero-placental insufficiency when he saw Mother Plaintiff on June 20, 2017; 5) properly and timely recognizing that Mother Plaintiff’s twins were suffering from IUGR on June 20, 2017; 6) properly and timely recognizing that Mother Plaintiff’s twins were suffering from gestational hypertension on June 20, 2017; 7) immediately placing Mother Plaintiff on a fetal heart monitor upon her arrival to Stoneleigh Hospital on June 20, 2017; 8) immediately realizing that Mother Plaintiff required a stat cesarean c-section upon her arrival to Stoneleigh Hospital on June 20, 2017; and 9) not delaying in performing an emergency cesarean section immediately upon Mother Plaintiff’s arrival at Stoneleigh Hospital on June 20, 2017.
197. Dr. N breached the applicable standard of medical care owed to Mother Plaintiff and her unborn twins on June 20, 2017. These breaches included, but were not limited to: 1) failing to properly monitor, assess, interpret, and document Mother Plaintiff’s twins’ fetal heart rates when he saw Mother Plaintiff on June 20, 2017; 2) failing to properly assess and evaluate the risk of pregnancy complications for a twin pregnancy with monochorionic diamniotic twins when he saw her on June 20, 2017; 3) failing to properly monitor, assess, and evaluate Mother Plaintiff’s twin pregnancy for complications when he saw her on June 20, 2017; 4) failing to properly and timely recognize that Mother Plaintiff and her twins were suffering from utero-placental insufficiency when he saw Mother Plaintiff on June 20, 2017; 5) failing to properly and timely recognize that Mother Plaintiff’s twins were suffering from IUGR on June 20, 2017; 6) failing to properly and timely recognize that Mother Plaintiff’s twins were suffering from gestational hypertension on June 20, 2017; 7) failing to immediately place Mother Plaintiff on a fetal heart monitor upon her arrival to Stoneleigh Hospital on June 20, 2017; 8) failing to immediately realize that Mother Plaintiff required a stat cesarean c-section upon her arrival to Stoneleigh Hospital on June 20, 2017; and 9) delaying in performing an emergency cesarean section immediately upon Mother Plaintiff’s arrival at Stoneleigh Hospital on June 20, 2017.
198. In addition, as part of the residency program, the standard of care required Dr. N to properly supervise and communicate with residents in the program, including, but not limited to, Dr. C.
199. On June 20, 2017, Dr. N breached the standard of care in failing to properly supervise and communicate with his resident, Dr. C, when she did not realize that Mother Plaintiff was suffering a medical emergency and required an emergency cesarean section. As a result, there was an additional delay in the performance of an emergency cesarean section.
200. As a direct and proximate result of Dr. N’s negligence and breaches of the applicable standards of medical care, Baby Plaintiff suffered a severe and permanent physical injury, including but not limited to, oxygen deprivation, severe hypoxia, severe metabolic acidosis, permanent brain injury, respiratory distress, neurological impairment, gastrointestinal impairment, and multi-system organ failure.
201. As a direct and proximate result of the negligence of the Defendant Dr. N, Baby Plaintiff suffered mental and physical pain and suffering, inconvenience, humiliation, embarrassment, loss of life’s enjoyment and pleasures, and the damages that discovery will show are appropriate under the laws of the Commonwealth of Pennsylvania.
202. Baby Plaintiff’ medical expenses to date total approximately $100,089.25. Baby Plaintiff has incurred and will incur past medical expenses; past pain and suffering; future costs and medical expenses; future lost wages; future loss of earning capacity; and future pain, suffering, and inconvenience.
203. As the parents and next friend of Baby Plaintiff, a minor, Mother Plaintiff and Father Plaintiff are legally responsible for paying these past and future medical expenses.
204. Therefore, as the direct and proximate result of these breaches of the applicable standard of medical care, Mother Plaintiff and Father Plaintiff incurred past medical expenses on behalf of Baby Plaintiff. They will incur future medical expenses on behalf of Baby Plaintiff; future cost and expenses for the care of Baby Plaintiff; and the loss of services, labor, assistance, etc. from their child, Baby Plaintiff.
205. All of the allegations of negligence and wrongful conduct set forth herein increased the risk of harm to Plaintiff Mother Plaintiff and her unborn twins (in particular Baby Plaintiff).
206. The harm suffered by Mother Plaintiff and in particular Baby Plaintiff from discharging Mother Plaintiff from the hospital rather than keeping her in the hospital and/or delivering her via cesarean section was of a kind that ordinarily does not occur in the absence of negligence.
207. The damages of the Plaintiff Baby Plaintiff exceed the amount requiring mandatory arbitration in Stoneleigh County.
     WHEREFORE: The Plaintiffs, Mother Plaintiff and Father Plaintiff, individually, and as parents and natural guardians of Baby Plaintiff, a minor, claim monetary damages on her behalf against Dr. N together with interests and costs of suit in an amount in excess of the arbitration limits.

COUNT X: NEGLIGENCE – MEDICAL MALPRACTICE

Mother Plaintiff and Father Plaintiff, Individually, as Parents and
Natural Guardians of Baby Plaintiff, a Minor,
v.
Kendra M, R.N.

208. Plaintiff incorporates paragraphs 1-205 above herein by reference and in additional avers:
209. Defendant Nurse M owed a duty imposed by the common law of the Commonwealth of Pennsylvania to skillfully, prudently, and properly diagnose, care, treat, advise, and observe Mother Plaintiff and her unborn twins in such a manner as would a reasonable and prudent nurse specializing in obstetrics, gynecology, and maternal-fetal medicine confronted by similar conditions and circumstances treating patients with medical conditions similar to Mother Plaintiff.
210. That at all times relevant to the claims at bar, the standard of nursing care applicable to Nurse M for the treatment of Mother Plaintiff and her unborn twins included, but was not limited
     to: 1) properly monitoring, assessing, interpreting, and documenting Mother Plaintiff’s twins’ fetal heart rates when she saw her on June 20, 2017; 2) identifying and documenting fetal heart strip abnormalities when she reviewed Ms. Plaintiff’s fetal heart strips on June 20, 2017, including decelerations and periods of non-reactivity; 3) communicating with other physicians, including, but not limited to, Dr. C and Dr. N, regarding fetal heart strip abnormalities when she reviewed Ms. Plaintiff’s fetal heart strips on June 20, 2017; 4) recognizing, documenting, and communicating with other physicians, including, but not limited to, Dr. C and Dr. N, that Ms. Plaintiff was experiencing signs of utero-placental insufficiency and hypoxia on fetal heart strips when she saw her on June 20, 2017, which constituted a medical emergency requiring an emergency cesarean section; and 5) immediately placing Mother Plaintiff on the fetal heart monitor when she arrived to Stoneleigh Hospital on June 20, 2017.
211. Nurse M breached the applicable standard of nursing care owed to Mother Plaintiff and her unborn twins on June 20, 2017. These breaches included, but were not limited to: 1) failing to properly monitoring, assessing, interpreting, and documenting Mother Plaintiff’s twins’ fetal heart rates when she saw her on June 20, 2017; 2) failing to identify and document fetal heart strip abnormalities when she reviewed Ms. Plaintiff’s fetal heart strips on June 20, 2017, including decelerations and periods of non-reactivity; 3) failing to communicate with other physicians, including, but not limited to, Dr. C and Dr. N, regarding fetal heart strip abnormalities when she reviewed Ms. Plaintiff’s fetal heart strips on June 20, 2017; 4) failing to recognize, document, and communicate with other physicians, including, but not limited to, Dr. C and Dr. N, that Ms. Plaintiff was experiencing signs of utero-placental insufficiency and hypoxia on fetal heart strips when she saw her on June 20, 2017, which constituted a medical emergency requiring an emergency cesarean section; and 5) failing to immediately place Mother Plaintiff on the fetal heart monitor when she arrived to Stoneleigh Hospital on June 20, 2017.
212. As a direct and proximate result of Nurse M’s negligence and breaches of the applicable standards of nursing care, Baby Plaintiff suffered a severe and permanent physical injury, including but not limited to, oxygen deprivation, severe hypoxia, severe metabolic acidosis, permanent brain injury, respiratory distress, neurological impairment, gastrointestinal impairment, and multi-system organ failure.
213. As a direct and proximate result of the negligence of the Defendant Nurse M, Baby Plaintiff suffered mental and physical pain and suffering, inconvenience, humiliation, embarrassment, loss of life’s enjoyment and pleasures, and the damages that discovery will show are appropriate under the laws of the Commonwealth of Pennsylvania.
214. Baby Plaintiff’ medical expenses to date total approximately $100,089.25. Baby Plaintiff has incurred and will incur past medical expenses; past pain and suffering; future costs and medical expenses; future lost wages; future loss of earning capacity; and future pain, suffering, and inconvenience.
215. As the parents and next friend of Baby Plaintiff, a minor, Mother Plaintiff and Father Plaintiff are legally responsible for paying these past and future medical expenses.
216. Therefore, as the direct and proximate result of these breaches of the applicable standard of medical care, Mother Plaintiff and Father Plaintiff incurred past medical expenses on behalf of Baby Plaintiff. They will incur future medical expenses on behalf of Baby Plaintiff; future cost and expenses for the care of Baby Plaintiff; and the loss of services, labor, assistance, etc. from their child, Baby Plaintiff.
217. All of the allegations of negligence and wrongful conduct set forth herein increased the risk of harm to Plaintiff Mother Plaintiff and her unborn twins (in particular Baby Plaintiff).
218. The harm suffered by Mother Plaintiff and in particular Baby Plaintiff from discharging Mother Plaintiff from the hospital rather than keeping her in the hospital and/or delivering her via cesarean section was of a kind that ordinarily does not occur in the absence of negligence.
219. The damages of the Plaintiff Baby Plaintiff exceed the amount requiring mandatory arbitration in Stoneleigh County.
     WHEREFORE: The Plaintiffs, Mother Plaintiff and Father Plaintiff, individually, and as parents and natural guardians of Baby Plaintiff, a minor, claim monetary damages on her behalf against Nurse M together with interests and costs of suit in an amount in excess of the arbitration limits.

COUNT XI: NEGLIGENCE/RESPONDEAT SUPERIOR – MEDICAL MALPRACTICE

Mother Plaintiff and Father Plaintiff, Individually, as Parents and
Natural Guardians of Baby Plaintiff, a Minor,
v.
GoodLife Medical Group, t/d/b/a GoodLife Maternal-Fetal Medicine

220. Plaintiff incorporates paragraphs 1-217 above herein by reference and in additional avers:
221. At all times relevant hereto, the employees, agents, servants, physicians, physician assistants, nurse practitioners, residents, fellows, nurses, nurse midwives, and technicians who provided care to Mother Plaintiff between June 16, 2017 and June 20, 2017, including, but not limited to, Dr. A, Dr. S, Dr. F, Dr. C, Dr. N, Nurse Hon, Nurse P, Nurse G, Nurse M, and Nurse R were under the control of and were acting within the course and scope of their employment and/or ostensible agency and/or professional relationship with Defendant GoodLife Medical Group, t/d/b/a GoodLife Maternal-Fetal Medicine.
222. That GoodLife Medical Group, t/d/b/a GoodLife Maternal-Fetal Medicine acting through its employees, agents, servants, and/or ostensible agents, including, but not limited to, Dr. A, Dr. S, Dr. F, Dr. C, Dr. N, Nurse H, Nurse P, Nurse G, Nurse M, and Nurse R had a duty to provide that degree of care and skill exercised by a similarly trained and skilled, reasonable and prudent health care provider in the same or similar circumstance treating patients with medical conditions similar to Mother Plaintiff from June 16, 2017 until June 18, 2017, and on June 20, 2017.
223. GoodLife Medical Group, t/d/b/a GoodLife Maternal-Fetal Medicine, by and through its employees, agents, servants, and/or ostensible agents, including, but not limited to, Dr. A, Dr. S, Dr. F, Dr. C, Dr. N, Nurse H, Nurse P, Nurse G, Nurse M, and Nurse R breached the applicable standard of medical and nursing care (as stated above) during the care and treatment of Mother Plaintiff and her unborn twins from June 16, 2017 until June 18, 2017, and on June 20, 2017.
224. GoodLife Medical Group, t/d/b/a GoodLife Maternal-Fetal Medicine, by and through its employees, agents, servants, and/or ostensible agents, including, but not limited to, Elizabeth Koller, breached the applicable standard of medical and nursing care during the care and treatment of Mother Plaintiff (who was experiencing a medical emergency) on June 20, 2017 when Ms. Plaintiff was told to drive herself to Stoneleigh hospital by car as opposed to being transported via ambulance. As a result of the delay caused by Ms. Plaintiff driving herself to the hospital as opposed to taking an ambulance, her twins suffered additional hypoxic injury because of the additional time spent reaching the hospital and the additional time spent connecting Ms. Plaintiff to IVs and other equipment upon arrival when she could have been immediately assessed for a cesarean section.
225. Plaintiff Mother Plaintiff reasonably believed that the care provided by the said Defendants was being given by Defendant GoodLife Medical Group, t/d/b/a GoodLife Maternal-Fetal Medicine or by Defendants Dr. A, Dr. S, Dr. F, Dr. C, Dr. N, Nurse H, Nurse P, Nurse G, Nurse M, and Nurse R as agents of GoodLife Me
     dical Group, t/d/b/a GoodLife Maternal-Fetal Medicine.
226. As a direct and proximate result of GoodLife Medical Group, t/d/b/a GoodLife Maternal-Fetal Medicine’s negligence and breaches of the applicable standards of care, by and through the actions of its employees, agents, servants, and/or ostensible agents, including, but not limit to, Dr. A, Dr. S, Dr. F, Dr. C, Dr. N, Nurse H, Nurse P, Nurse G, Nurse M, and Nurse R, Baby Plaintiff suffered a severe and permanent physical injury, including but not limited to, oxygen deprivation, severe hypoxia, severe metabolic acidosis, permanent brain injury, respiratory distress, neurological impairment, gastrointestinal impairment, and multi-system organ failure.
227. As a direct and proximate result of the negligence of GoodLife Medical Group, t/d/b/a GoodLife Maternal-Fetal Medicine’s negligence and breaches of the applicable standards of care, by and through the actions of its employees, agents, servants, and/or ostensible agents, Baby Plaintiff suffered mental and physical pain and suffering, inconvenience, humiliation, embarrassment, loss of life’s enjoyment and pleasures, and the damages that discovery will show are appropriate under the laws of the Commonwealth of Pennsylvania.
228. Baby Plaintiff’ medical expenses to date total approximately $100,089.25. Baby Plaintiff has incurred and will incur past medical expenses; past pain and suffering; future costs and medical expenses; future lost wages; future loss of earning capacity; and future pain, suffering, and inconvenience.
229. As the parents and next friend of Baby Plaintiff, a minor, Mother Plaintiff and Father Plaintiff are legally responsible for paying these past and future medical expenses.
230. Therefore, as the direct and proximate result of these breaches of the applicable standard of medical care, Mother Plaintiff and Father Plaintiff incurred past medical expenses on behalf of Baby Plaintiff. They will incur future medical expenses on behalf of Baby Plaintiff; future cost and expenses for the care of Baby Plaintiff; and the loss of services, labor, assistance, etc. from their child, Baby Plaintiff.
231. All of the allegations of negligence and wrongful conduct set forth herein increased the risk of harm to Plaintiff Mother Plaintiff and her unborn twins (in particular Baby Plaintiff).
232. The harm suffered by Mother Plaintiff and in particular Baby Plaintiff from discharging Mother Plaintiff from the hospital rather than keeping her in the hospital and/or delivering her via cesarean section was of a kind that ordinarily does not occur in the absence of negligence.

331. The damages of the Plaintiff Baby Plaintiff exceed the amount requiring mandatory arbitration in Stoneleigh County.
     WHEREFORE: The Plaintiffs, Mother Plaintiff and Father Plaintiff, individually, and as parents and natural guardians of Baby Plaintiff, a minor, claim monetary damages on her behalf against GoodLife Medical Group, t/d/b/a GoodLife Maternal-Fetal Medicine with interests and costs of suit in an amount in excess of the arbitration limits.

COUNT XII: NEGLIGENCE/RESPONDEAT SUPERIOR – MEDICAL MALPRACTICE

Mother Plaintiff and Father Plaintiff, Individually, as Parents and
Natural Guardians of Baby Plaintiff, a Minor,
v.
GoodLife Health

332. Plaintiff incorporates paragraphs 1-331 above herein by reference and in additional avers:
333. At all times relevant hereto, the employees, agents, servants, physicians, physician assistants, nurse practitioners, residents, fellows, nurses, nurse midwives, and technicians who provided care to Mother Plaintiff between June 16, 2017 and June 20, 2017, including, but not limited to, Dr. A, Dr. S, Dr. F, Dr. C, Dr. N, Nurse Hon, Nurse P, Nurse G, Nurse M, and Nurse R were under the control of and were acting within the course and scope of their employment and/or ostensible agency and/or professional relationship with Defendant GoodLife Health.
334. That GoodLife Health acting through its employees, agents, servants, and/or ostensible agents, including, but not limited to, Dr. A, Dr. S, Dr. F, Dr. C, Dr. N, Nurse H, Nurse P, Nurse G, Nurse M, and Nurse R had a duty to provide that degree of care and skill exercised by a similarly trained and skilled, reasonable and prudent health care provider in the same or similar circumstance treating patients with medical conditions similar to Mother Plaintiff from June 16, 2017 until June 18, 2017, and on June 20, 2017.
335. GoodLife Health, by and through its employees, agents, servants, and/or ostensible agents, including, but not limited to, Dr. A, Dr. S, Dr. F, Dr. C, Dr. N, Nurse H, Nurse P, Nurse G, Nurse M, and Nurse R breached the applicable standard of medical and nursing care (as stated above) during the care and treatment of Mother Plaintiff and her unborn twins from June 16, 2017 until June 18, 2017, and on June 20, 2017.
336. GoodLife Health, by and through its employees, agents, servants, and/or ostensible agents, including, but not limited to, Elizabeth Koller, breached the applicable standard of medical and nursing care during the care and treatment of Mother Plaintiff (who was experiencing a medical emergency) on June 20, 2017 when Ms. Plaintiff was told to drive herself to Stoneleigh hospital by car as opposed to being transported via ambulance. As a result of the delay caused by Ms. Plaintiff driving herself to the hospital as opposed to taking an ambulance, her twins suffered additional hypoxic injury because of the additional time spent reaching the hospital and the additional time spent connecting Ms. Plaintiff to IVs and other equipment upon arrival when she could have been immediately assessed for a cesarean section.
337. Plaintiff Mother Plaintiff reasonably believed that the care provided by the said Defendants was being given by Defendant GoodLife Health or by Defendants Dr. A, Dr. S, Dr. F, Dr. C, Dr. N, Nurse H, Nurse P, Nurse G, Nurse M, and Nurse R as agents of GoodLife Health.
338. As a direct and proximate result of GoodLife Health’s negligence and breaches of the applicable standards of care, by and through the actions of its employees, agents, servants, and/or ostensible agents, including, but not limit to, Dr. A, Dr. S, Dr. F, Dr. C, Dr. N, Nurse H, Nurse P, Nurse G, Nurse M, and Nurse R, Baby Plaintiff suffered a severe and permanent physical injury, including but not limited to, oxygen deprivation, severe hypoxia, severe metabolic acidosis, permanent brain injury, respiratory distress, neurological impairment, gastrointestinal impairment, and multi-system organ failure.
339. As a direct and proximate result of the negligence of GoodLife Health’s negligence and breaches of the applicable standards of care, by and through the actions of its employees, agents, servants, and/or ostensible agents, Baby Plaintiff suffered mental and physical pain and suffering, inconvenience, humiliation, embarrassment, loss of life’s enjoyment and pleasures, and the damages that discovery will show are appropriate under the laws of the Commonwealth of Pennsylvania.
340. Baby Plaintiff’ medical expenses to date total approximately $100,089.25. Baby Plaintiff has incurred and will incur past medical expenses; past pain and suffering; future costs and medical expenses; future lost wages; future loss of earning capacity; and future pain, suffering, and inconvenience.
341. As the parents and next friend of Baby Plaintiff, a minor, Mother Plaintiff and Father Plaintiff are legally responsible for paying these past and future medical expenses.
342. Therefore, as the direct and proximate result of these breaches of the applicable standard of medical care, Mother Plaintiff and Father Plaintiff incurred past medical expenses on behalf of Baby Plaintiff. They will incur future medical expenses on behalf of Baby Plaintiff; future cost and expenses for the care of Baby Plaintiff; and the loss of services, labor, assis
     tance, etc. from their child, Baby Plaintiff.
343. All of the allegations of negligence and wrongful conduct set forth herein increased the risk of harm to Plaintiff Mother Plaintiff and her unborn twins (in particular Baby Plaintiff).
344. The harm suffered by Mother Plaintiff and in particular Baby Plaintiff from discharging Mother Plaintiff from the hospital rather than keeping her in the hospital and/or delivering her via cesarean section was of a kind that ordinarily does not occur in the absence of negligence.
345. The damages of the Plaintiff Baby Plaintiff exceed the amount requiring mandatory arbitration in Stoneleigh County.
     WHEREFORE: The Plaintiffs, Mother Plaintiff and Father Plaintiff, individually, and as parents and natural guardians of Baby Plaintiff, a minor, claim monetary damages on her behalf against GoodLife Health with interests and costs of suit in an amount in excess of the arbitration limits.