Imagine a newborn left in a plastic bin because a doctor thought he would not live, but he did.

“This is one of those cases that just makes you shake your head that a doctor could even think to do something like this,” remarked Charlie Donahue, a Manchester injury lawyer with offices in Keene, New Hampshire. “It certainly horrified the parents and prompted a medical malpractice lawsuit for good reason.” The baby in this case was left for dead in a plastic bin for more than four hours before a nurse discovered he was still alive and struggling to breathe.
At the time the baby was born in 2009 he was gasping to breathe and had an irregular and faint heartbeat. He did make a small cry at birth and moved his arms and legs. The doctor decided without consulting with anyone else, including the mother or a pediatrician, the baby would not live. He put the child in a plastic bin and left him on the counter, until the family could decide what they wanted to do with the body.

Four hours later, a nurse passing through the area discovered he was still alive and fighting to breathe. He immediately got resuscitation therapy and was transferred to a larger center for more specialized care. Three months later, he was considered stable but had suffered brain damage and other injuries as he was not provided with the proper care at birth.

The lawsuit states that a pediatrician should have been called right away to resuscitate the baby and place the child in the neonatal intensive care unit. Furthermore, the doctor was negligent in his care of the child and did not consult anyone about his decision that the child would not live. “In other words, the doctor was playing Satan, and his vile actions were criminal in the extreme and he totally botched it,” Donahue said.

“Medical negligence? Yes. At birth there was no timely or appropriate diagnosis, intervention, treatment or care. The child was shelved in a plastic bin based on one person’s opinion without input from anyone else. A shocking state of affairs to say the least,” added Donahue.

The medical malpractice lawsuit seeks unspecified compensatory damages. The hospital where the doctor was employed indicates he no longer works there and his medical license expired in May. While this case may be difficult to try, it is one that definitely needs to go to court.

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