Can I Sue My Healthcare Provider If My Baby Dies During Birth?


A woman, who was being held on drug charges in a county jail in Texas, has filed a lawsuit after she delivered a baby that died while she was in solitary confinement.

According to the Wichita Times Record News, Nicole Guerrero is suing Wichita County, Sheriff David Duke, Correctional Healthcare Management, Inc. and nurse Ladonna Anderson for medical malpractice.

After several complaints about pain, Guerrero who was being held in the Wichita County Jail in 2012 on a drug possession charge, was placed in a cell and left for several hours.

At some point, Guerrero alleged that she could feel the baby’s head starting to emerge and a detention officer walking by helped her deliver her daughter, who was “dark purple, and had the umbilical cord wrapped around her neck.”

After the baby was delivered, in her lawsuit, Guerrero claims that Anderson patted the baby on the back until medical officials arrived 20 minutes later. Emergency officials then took the baby to a hospital where it was pronounced dead.

This case is truly disturbing. Aside from death, birth injuries resulting from inadequate or negligent healthcare can include deformities, brain damage, cerebral palsy and erb’s palsy.

Call us today at 1 (800) 460-0606 to schedule a free consultation if your son or daughter is suffering because of a health care provider’s inattention.

Cappolino Dodd Krebs LLP – Birth Injury Attorneys