Victim of birth injury wins millions: Lessons for other victims

A medical malpractice claim may exist for those injured in the birthing process.

Birth injuries can be devastating. A recent birth injury case is drawing attention to the types of injuries that can occur and the closure a family can find with a medical malpractice suit. In this case, the issue allegedly began when the mother went into labor. During the last minutes of the delivery process, the fetus was in the wrong position within the womb. The umbilical cord was around the infant's neck at birth and the baby required immediate intubation. The infant suffered a number of injuries during the birthing process. An article in Injury News Lawyer, a publication that focuses on medical court cases, notes that a previous hearing established the child would not have suffered injuries if she had been delivered 10 to 12 minutes earlier. This could mean that medical intervention like a Cesarean Section may have reduced the risk of injury in this situation.

The girl, now 10 years old, suffers from quadriplegia, or the paralysis of all four limbs. The hospital was found liable for the injuries. The young girl has received over $11 million in damages. These damage awards are designed to cover the costs of additional medical treatment as well as rehabilitation efforts and the cost of needed medical devices, supplies and medications.

More on birth injuries

Birth injuries can occur in a variety of circumstances. The two most common instances are:

  • Prenatal care issues. Expectant mothers often receive medical care during pregnancy, referred to as prenatal care. Medical professionals generally monitor for hypertension, gestational diabetes and other potential prenatal conditions. If present, these conditions may require additional monitoring or intervention to help better ensure the health of both the developing fetus and expectant mother.
  • Medical issues during labor and delivery. Medical professionals are also expected to monitor both the fetus and expectant mother during the labor and delivery process. This can include monitoring heart rates and blood pressure. These steps can help alert medical professionals of any potential concerns.

A failure to intervene when warranted in either situation could translate to a failure to meet the expected standard of care. If this standard is not met, a medical malpractice claim may exist.

More on medical malpractice claims

As noted in the story above, medical malpractice claims are generally designed to provide the injured with the compensation needed to cover the cost of additional medical care, treatment and rehabilitative efforts. It is also important to note that these cases accomplish more. These cases are also designed to help hold those who fail to provide an acceptable level of medical care responsible.

Those who believe they were injured due to a medical professional's negligent or reckless care are wise to seek the counsel of an experienced medical malpractice lawyer.