A mother has filed a medical malpractice lawsuit against AdventHealth Ocala and several medical providers, alleging that negligence during her labor resulted in her newborn suffering severe and permanent brain damage.
Karen Moran Sosa filed the complaint on November 22, in the Fifth Judicial Circuit Court for Marion County, naming Florida Hospital Ocala, Inc. (doing business as AdventHealth Ocala), Florida Women’s Health, LLC, two doctors, and three registered nurses as defendants.
The lawsuit asserts that the child, identified as Y.C.M., currently suffers from severe disabilities, requiring constant care due to the medical team’s failure to adhere to the standard of care.
According to the complaint, Sosa presented to AdventHealth Ocala (1500 SW 1st Avenue) on November 17, 2023, with uterine contractions and was admitted for labor following an evaluation. The lawsuit notes that Sosa was 27 at the time and had previously given birth once before.
The lawsuit alleges that, throughout the night and early morning hours, the medical team failed to appropriately monitor the fetal condition or communicate that Sosa was in active labor.
Sosa was examined before midnight. By 4 a.m. the next morning on November 18, 2023, the situation had become critical, with nurses documenting decelerations in the fetal heart rate.
The complaint details a timeline wherein nursing staff notified one of the named doctors at 7:54 a.m. to come to the hospital. However, neither that doctor nor a covering physician was present at the bedside as the baby’s condition deteriorated.
Attorneys for the plaintiff allege that by 8:10 a.m., the nearest doctor was still in the parking lot while the patient was fully dilated. Upon that physician’s arrival at the bedside at approximately 8:25 a.m., the baby’s fetal heart tones had dropped significantly to around 70 beats per minute (BPM).
A fetal heart rate in the 70s is dangerously low and indicates severe distress or lack of oxygen. Following unsuccessful attempts to deliver the baby using a vacuum device, an emergency cesarean section was performed at 8:37 a.m.
After the newborn was delivered, the lawsuit states that the baby recorded Apgar scores of zero at both one and five minutes after birth.
The Apgar score is a standardized test administered at one and five minutes after birth to quickly evaluate a newborn’s transition to life outside the womb. Medical staff assess five criteria (color, heart rate, reflexes, muscle tone, and breathing) and assign a score of 0 to 10. Lower numbers indicate a need for immediate medical intervention.
After Sosa’s child was assessed, the baby was subsequently diagnosed with severe diffuse hypoxic-ischemic encephalopathy, a type of brain injury caused by oxygen deprivation. The condition can lead to cell damage and potential neurological problems like cerebral palsy, seizures, and developmental delays.
Sosa accuses the physicians and nurses of failing to respond to the fetal distress in a timely manner, failing to have backup coverage available, and failing to perform the C-section sooner. The complaint further alleges that AdventHealth Ocala is liable for the negligence of its staff and for failing to ensure its providers were competent to handle such obstetric emergencies.
Sosa is seeking damages in excess of $50,000, exclusive of attorneys’ fees.
