Parents accuse Orlando medical service providers of negligence in son's delivery

By Philip Gonzales | Dec 6, 2018

ORLANDO — Two parents are suing Orlando medical service providers, alleging negligence in the delivery of the plaintiffs' son. 

Michelle Mark and Juan Payne filed a complaint Nov. 19 in Orange County Circuit Court against Winnie Palmer Hospital, Delaney Obstetrics and Gynecology, Dr. Parmelee Thatcher, et al, alleging failure to properly examine, evaluate, diagnose, and treat Mark and her unborn son.

According to the complaint, on Jan. 19, the plaintiffs' son, Ashton Payne was born with lack of color, tone and no respiratory effort. The suit says he underwent multiple evaluations, interventions and surgeries, and remained hospitalized until March 8. 

Mark and Payne say they suffered the loss of their son’s services, companionship and love. The plaintiffs allege the defendants failed to appreciate the significance of the fetus’ breech position, failed to appreciate the findings of the patient’s pelvic exam and negligently discharged the plaintiff before her delivery.

Mark and Payne seek trial by jury. They are represented by attorney Jorge E. Silva of Silva & Silva PA in Coral Gables.

Orange County Circuit Court case number 18CA012606

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9th Judicial Circuit Court of Florida Orlando Health

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