$13 Million Is Awarded In Medical Malpractice Lawsuit
(May 1, 2011)
(courtesy photo)
An Ohio jury found a doctor liable for medical negligence after a day and a half of deliberations in a birth injury lawsuit that involved a 10 year old little girl. The amount awarded was $13.9 million to a family whose little girl developed cerebral palsy as a direct result of negligence on the doctor’s part.
When the mother went to see her doctor on one of her regularly scheduled check-ups to see how her pregnancy was progressing, her non-stress test yielded results revealing her baby had a low heart rate and it was suggested that they should induce labor. The parents decided to go ahead with the emergency Caesarean section. A cesarean section is the delivery of a baby through a cut (incision) in the mother’s belly and uterus. It is often called a C-section and is used if safety of the mother or baby is in question. However, after the doctor induced labor, he decided not to perform the C-section after all and this decision would change the now 10 year old little girl’s life forever.
When the doctor chose not to perform the C-section, it is alleged that this caused a lack of vital oxygen flow to the baby’s brain which inevitably caused the birth injury known as cerebral palsy. An expert witness for the family testified that the baby also suffered additional cerebral palsy after they medically induced contractions and then used a vacuum during her delivery. However, the doctor who delivered Haley testified that she never considered performing a C-section because there was no indication that anything was wrong with the baby. The family alleged that a C-section would have prevented injury to Haley and she would not be suffering from cerebral palsy today.
Cerebral palsy is a condition, sometimes thought of as a group of disorders that involve brain and nervous system functions, such as movement, learning, hearing, seeing and thinking, and is usually caused by birth injuries that can produce abnormalities of the brain. If your child has cerebral palsy or other related birth injuries that you feel is a direct result of negligence, please call a birth injury lawyer who can help you find out if you are entitled to any compensation.
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