Nashville Opera Singer Unable to Perform Due to Birth Injury
A singer with the Nashville Opera Company is currently unable to share her talents on the stage as a result of an injury that she sustained while giving birth to her son in February of 2012. Singer Amy Herbst and her husband, who was in the army at the time, went to the Blanchfield Army Community Hospital at Fort Campbell, Kentucky, to deliver her child. While Mrs. Herbst was in labor, a nurse-midwife performed an episiotomy. According to Herbst and her husband, the episiotomy was performed without any advance notice, and without Mrs. Herbst’s consent. The episiotomy was not repaired correctly, and Mrs. Herbst suffers from damage to her digestive and reproductive systems which results in serious gastrointestinal issues. In fact, these problems are so severe that Mrs. Herbst is not presently able to perform as a professional opera singer.
Since the episiotomy was performed at an Army hospital, the Herbsts have filed suit against the Federal government for the damages that they have suffered and continue to suffer as a result of Mrs. Herbst’s injuries. Due to the nature of her injury and the impact that it has had on her career, Mrs. Herbst has suffered a great deal of discomfort, pain, embarrassment, and loss of income. While it is possible that future surgeries may be able to repair the injuries that Mrs. Herbst has sustained, a full recovery is not guaranteed. It is also unclear at what point in the future any corrective surgery would take place, as the Herbsts may decide to have more children, and any attempts that will be made at repairing the episiotomy would be done after their family is complete.
The injury to Mrs. Herbst is tragic, in and of itself, but it also sheds light on what often happens during the birthing process. In her complaint, Mrs. Herbst claims that the episiotomy was performed without her consent. Her attorney states that there was a general attitude among the medical staff who were present during the birth that the Herbsts did not need to be involved in making decisions about what would happen during the labor and delivery. This is not acceptable, as patients do have the right to decide what is done to their bodies. Unfortunately, this type of attitude is not uncommon in delivery rooms across the United States, and many couples are surprised, shocked, appalled, and generally caught off guard when, during the course of a birth, the medical staff act as if they, not the patient, should be in complete control of how the birth proceeds.
Labor and delivery can be difficult. Unfortunately, there are some situations where a mother is injured during labor and delivery and suffers from the effects of her injuries for months or even years after her child is born. If you have suffered an injury during the birth of your child which has negatively impacted your life, you need the assistance of a knowledgeable birth injury attorney. The experienced Tennessee birth injury attorneys at Bailey & Greer, PLLC will evaluate your case, answer your questions, and help you to decide how to proceed. We understand that birth injuries can be very painful and recovery can be slow. You can trust that your case is in good hands as you focus on your recovery. Please call us today, at 901-680-9777 to schedule a time to discuss your case. At Bailey & Greer, PLLC, we are small enough to care, big enough to fight, and experienced enough to win.
Since graduating magna cum laude in 2005 from the University of Memphis School of Law, Thomas has helped make a difference in the lives of victims of serious personal injury, wrongful death, and professional negligence. Thomas has extensive trial experience in both state and federal court. Among other victories in the courtroom, Thomas obtained several impressive jury verdicts and settlements
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