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Couple sues metro Atlanta hospital after death of baby during birth

The hospital said that it is unable to discuss the specifics of the incident.

ATLANTA — Editor's note:  Some of the allegations mentioned in this report from the lawsuit are graphic.

A Riverdale couple is suing a metro Atlanta hospital for the death of their baby during delivery last month.

Lawyers for Jessica Ross and her boyfriend Treveon Isaiah Taylor, Sr. held a press conference Wednesday. They walked through the case, claiming that during the delivery process, there were complications that led to the baby's death. The parents did not speak during the news conference.

RELATED: Medical examiner says doctors, nurses referred for investigations in decapitation of baby during delivery

Counsel additionally claimed the death could have been avoided if different procedures were followed - that's why the parents are filing a medical malpractice and wrongful death suit.

"We have alleged fraud and intentional affliction of emotional distress due to misrepresentation by people involved," attorney Cory Lynch said.

Lawyers said Ross was in labor for 10 hours. The couple was devastated after the July 9 delivery. 

According to the lawsuit, there were complications during the labor and attorneys claim the doctor applied “ridiculously excessive force” on the baby’s head and neck to try to deliver it, attorney Roderick Edmond, who is also a physician, said. Around three hours passed before the doctor took 20-year-old Ross for a C-section, legal documents said.

"The feet came out, the body came out and there was no head," Edmond said.

The attorneys stated Wednesday that "...we have the failure of Dr. [redacted] to immediately inform the couple about the decapitation once she spoke with them after the procedure. We also have misrepresentation and fraud on the part of other health care providers who lied to this couple and told them their situation did not warrant a free autopsy provided by the county or state."

Edmond mentioned that the case highlights the higher rates of infant and maternal mortality for Black women in Georgia.

The lawsuit also alleged the hospital, Southern Regional Medical Center, kept the manner of the baby's death a secret from the family for several days. In response to the allegations, Southern Regional Medical Center initially released a statement that due to patient privacy laws, they couldn't discuss a patient's care but offered throughs and prayers to the family. The hospital's full statement can be read at the bottom of this story.

Later on, the hospital released a second statement, denying the allegations and stating the doctor mentioned in the lawsuit is "not an employee of the hospital," adding they have "taken the appropriate steps in response to this unfortunate situation."

The Clayton County Police Department said it has opened an investigation into the infant's death. Officers are currently in the preliminary phase of the case. The Georgia Bureau of Investigation Medical Examiner’s Office has performed an autopsy on the baby.

The Associated Press contributed to this report.

Southern Regional Medical Center full initial statement:

Due to patient privacy laws and HIPAA, we are unable to discuss the care and treatment of specific patients. Our heartfelt thoughts and prayers are with the family and all those impacted by this tragic event. Our prayers also remain with the dedicated team of physicians, nurses and staff at Southern Regional Medical Center who cared for this patient.

Our commitment is to provide compassionate, quality care to every single patient, and this loss is heartbreaking.

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