Guardian ad litem claims infant was negligently delivered at Moses Taylor Hospital

By Noddy A. Fernandez | Nov 14, 2018

SCRANTON — A guardian of a minor is suing Moses Taylor Hospital, citing alleged medical malpractice.

The Pennsylvania Trust Co., guardian ad litem of A.E.N., a minor, filed a complaint on Oct. 17 in the Lackawanna County Court of Common Pleas against Moses Taylor Hospital and Scranton Quincy Hospital Co. LLC, dba Moses Taylor Hospital, alleging the defendants breached their duty to provide safe and proper care and to avoid conduct that would increase the risk of harm to the mother and her baby.

According to the complaint, in 2011 the minor plaintiff was born by emergency cesarean section under defendants' care. 

Plaintiff claims the baby suffered devastating hypoxic-ischemic injury to her brain due to the alleged collective negligence of her mother's obstetrical team in failing to properly managed her pregnancy and timely deliver A.E.N in the face of signs and symptoms concerning for an impending neurological catastrophe. As a result, A.E.N. was asphyxiated at birth and delivered on the brink of death, the suit says.

The plaintiff alleges the defendants failed to conform to the accepted standard of obstetrical care in the evaluation, diagnosis, treatment, management and clinical decision-making for Rebecca Topa and A.E.N.

The plaintiff requests a trial by jury and seeks judgment in an amount in excess of $50,000 in damages, and in excess of the prevailing arbitration limits, exclusive of pre and post-judgment interest and costs. They are represented by Matthew Casey, Jennifer Russell and Ryan Chase of Ross Feller Casey LLP in Philadelphia.

The Lackawanna County Court of Common Pleas Case No. is 18-CV-5500.

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Lackawanna County Court of Common Pleas Ross Feller Casey, LLP

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