Mother says disabled baby is due to doctor negligence - WSMV Channel 4

Mother says disabled baby is due to doctor negligence

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NASHVILLE, TN (WSMV) -

A local mother says her doctor left her newborn for dead and if it wasn't for his negligence, Jennifer Marlin says, her baby might not be disabled today.

According to the malpractice lawsuit, Dr. John W. O'Donnell III, delivered the baby boy at North Crest Medical Center in Springfield, Tennessee in the early morning hours of June 13, 2009.

The baby had "irregular, gasping respirations, and heart rate," but the lawsuit claims, Dr. O'Donnell told the nurse to "take the baby out of the room, a pediatrician does not need to be called."

The court documents go on to say that even though the baby was fighting for his life, Dr. O'Donnell "decided on his own," he had "no chance of living." The newborn was then "laid in a plastic bin and left for dead."

It wasn't until hours later that a nurse passed by and noticed he was still gasping for air. Finally, more than four hours after his birth, someone tried to resuscitate the baby. He was then taken to Vanderbilt Medical Center for treatment.

The attorney representing Marlin and her child says the little boy survived, but is now disabled and will need long term care. Attorney Randall Kinnard says that is why they decided to file the lawsuit, " the object is to bring this case on behalf of this minor child who'll need a lot of things for the rest of his life because he's going to be very disadvantaged, so,he's seeking compensation and of course we hope something like this never happens again to anyone else," said Kinnard. In fact, the lawsuit claims as a direct result of the doctor's "negligence," the boy suffered "serious injuries" including a brain injury.

We tried to contact Dr. O'Donnell, but we were unable to locate him. We also called North Crest Medical Center, a spokesman says this lawsuit does not concern the hospital. He says it's between Dr. O'Donnell and Marlin. He also tells us, O'Donnell is no longer a member of the medical staff there, and hasn't been for more than two years.

The Tennessee Department of Health Records says Dr. O'Donnell's license expired in May. There's no indication he's ever faced any formal disciplinary action before.

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