A serious medical mistake can leave the victim with a lifetime of pain and hardship. When the injured person is an infant, the consequences are all the more tragic.
The parents of a six-year-old Oregon boy with cerebral palsy recently filed a lawsuit against Silverton Hospital, two clinics and three physicians for malpractice and medical negligence.
In Staten Island, New York, the family of a teen born with cerebral palsy resulting from a premature birth was awarded $100 million in a lawsuit filed against St. Vincent's Medical Center, the hospital where the teenager and her twin sister were born.
In February 2014, a San Francisco medical malpractice lawsuit filed against Kaiser ended in a $4.1 million settlement in the woman's favor. The lawsuit alleged that several significant delays in the birth of her great grandson - of whom she is the legal guardian - caused the boy's epilepsy and spastic cerebral palsy.
While most child deliveries go relatively smoothly, complications can arise during the birthing process that result in injury to the child or mother. Birth injuries can occur in any number of ways, but many are a result of birth-related medical malpractice. Some of the most common types of birth injuries include the following:
All inmates have a constitutional right to receive necessary healthcare during their period of incarceration, but not all detention facilities have adhered to their legal obligations. In Texas, a female inmate recently filed a lawsuit claiming that prison officials forced her to give birth while she was locked in a solitary cell almost two years ago, and that those inadequate conditions led to her baby's death.
In Lehigh County, Pennsylvania, a jury recently awarded $4 million to Erin McCarthy and her daughter Chloe, to compensate for medical negligence on the part of McCarthy's obstetrician that caused Chloe to suffer cerebral palsy and other neurological injuries.
On June 10, 2014, an Ohio jury awarded $14.5 million in a medical malpractice lawsuit to a Stephanie Stewart and her 11-year-old son, Alijah Jones, who suffered a brain hemorrhage after a delayed delivery. Alijah now suffers from cerebral palsy, visual impairments and cognitive delays, among other health issues.
If you suspect that a birth injury resulted from a medical practitioner's negligence or carelessness, you may consider pursuing a lawsuit against the person or facility responsible. Birth injury litigation falls into the category of medical malpractice, which allows plaintiffs to hold one or more negligent professionals accountable for their role in an undue injury or other avoidable condition.
In Maryland, lawmakers are considering creating a no-fault birth injury fund for the parents of children who are injured during labor and delivery. This would allow the parents to receive compensation from an established state fund instead of by filing claims against hospitals and physicians in court.