A Harris County mother has filed a lawsuit against a physician, alleging medical malpractice that resulted in severe injuries to her newborn child. Yara Y. Martinez, individually and as the next friend of her minor child Y.P.M., filed the complaint on July 2, 2024, in the District Court of Harris County, Texas, against Dr. Wigberto Soto.
The lawsuit details the events leading up to and following the birth of Y.P.M. On July 11, 2017, Martinez was admitted to Memorial Hermann Hospital Southeast for labor induction under Dr. Soto's orders. Despite monitoring and various interventions by nursing staff due to irregular fetal heart rate patterns, labor progressed slowly. By the evening of July 12, Martinez was fully dilated but faced complications during delivery.
Dr. Soto attempted a forceps-assisted vaginal delivery due to poor maternal effort and prolonged labor stages but encountered difficulties when the forceps dislodged from the baby's head, causing severe decelerations in fetal heart tones. An emergency C-section was performed shortly after, resulting in the birth of Y.P.M., who was unresponsive and required immediate resuscitation measures.
Y.P.M. suffered critical injuries including skull fractures and multiple brain hemorrhages. The newborn was life-flighted to another hospital for intensive care and remained in NICU until July 22, 2017. The child continues to suffer from significant health issues stemming from these injuries.
Martinez alleges that Dr. Soto's negligence includes failure to properly evaluate her condition and that of her unborn child, misinterpretation of fetal heart tracings, improper use of forceps during delivery, and inadequate medical treatment overall. She claims these actions directly caused the extensive injuries sustained by her child.
The plaintiff is seeking compensation for past and future physical pain and suffering, medical expenses, mental anguish, physical impairment, disfigurement, loss of normal body function and enjoyment of life among other damages. Additionally, Martinez accuses Dr. Soto of gross negligence under Texas Civil Practice & Remedies Code §41.001 et al., asserting that he acted with conscious indifference despite being aware of the risks involved.
Representing Martinez are attorneys Beth S. Janicek and Jessica Rodriguez from Janicek Law Firm PC based in San Antonio.