In this case, an expectant mother came into the hospital complaining of contractions. After a two day hospital stay the mother began to complain of increased contractions, at which point one of the physicians notes “non-reassuring fetal testing” related to a possible infection in the mother. Nevertheless, the child was born via vaginal birth, with notes that the labor was spontaneous and rupture of membranes artificial. The physician’s notes state that complications experienced by the child during birth included fetal tachycardia and infection of the fetal membranes. In the period leading up to the birth, the patient was noted to be in distress and showing signs of illness, but no orders were given and the plaintiff wasn’t seen by the physician. The child now suffers from profound disabilities related to a birth defect, and the evidence suggested that the injury occurred in the days prior to birth.