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Tampa – Near Drowning Of Infant Blamed On Hospital

Tampa, Florida – A Florida Medical Malpractice Lawyer filed a lawsuit against University Community Hospital in Carrollwood for malpractice last month. The circumstances surrounding this case are anything but typical.

Robin Lumley, childless arrived at the hospital’s emergency room 2 1/2 years ago complaining of terrible pain in her abdomen.

ER nurses documented her complaints and a doctor ordered tests. Lumley asked to use the restroom and the hospital staff let her go.

A short time later, the hospital’s medical staff found that she had delivered a baby girl into the toilet.

The lawsuit alleges that Lumley, 46, didn’t know she was pregnant.

Lumley’s lawyer, however, claims the medical staff should have. Because they failed to recognize obvious signs and symptoms of labor, he says, Lumley’s baby nearly drowned.

The lawyer sued the hospital contending that baby Brianna Rose Lumley went into respiratory arrest which resulted in hypoxic brain damage due to the near drowning and sub-standard medical treatment.

According to the lawyer, the law suit was filed on the child’s behalf, not the mother’s. If it is successful, Robin Lumley won’t get a dime. All of the money recovered in the Florida medical malpractice case would be allocated to pay for the baby’s medical care.

The hospital refused to comment on the pending litigation.

According to caregivers, baby Brianna is just starting to speak and while she has had physical therapy to strengthen her limbs, she will likely face more physical and cognitive challenges.

The lawsuit also alleges that a doctor ordered a pregnancy test, but that test was never performed.

While near drowning incidents rarely occur in a hospital, the consequences are almost always tragic. Hypoxic brain damage – caused by partial deprivation of oxygen to the brain, and anoxic brain damage – caused by total deprivation of oxygen to the brain, are common problems following a near drowning. This type of brain injury is also commonly the result of malpractice. See my earlier post “Miami, Florida – Brain Damage Due To Cerebral Anoxia / Hypoxia Can Result From Medical Malpractice“.

Although this particular occurrence may be unusual in the hospital setting, medical malpractice is not. Unfortunately, many families suffer as a result of Florida medical malpractice.

In Florida, medical negligence or malpractice occurs when a health care provider fails to act in conformity with the prevailing standards of good medical care in the community. In other words, when a doctor, nurse or other medical care provider is negligent and causes a patient to suffer serious injury or wrongful death, the health care provider may be held responsible for harming the patient.

If you or a loved one have suffered harm as a result of Florida medical malpractice, please contact us to speak to one of the Miami medical malpractice lawyers at Hannon Legal Group for a free consultation about your legal rights. Our lawyers handle malpractice cases throughout the state of Florida.