Family wins case after baby's delivery ends in brain injury

Nothing is more horrifying to new parents than watching a once-healthy child be born with injuries that were preventable. That's allegedly what happened in this case. A Memorial Hospital doctor has been sued after a child suffered brain damage during delivery. According to the news report, the child won't ever be able to drive a car or go to college. Why? He suffered a brain injury when he was born on Oct. 5, 2005.

In this case, the attorney for the family states that the jury award of $4 million actually is short of what the family needs to provide care for the child throughout his life. That may be a result of the limits on damages in medical malpractice cases set by the state. In any other circumstances, like if the child had been hit by a car, he wouldn't be facing those limits.

In the family's lawsuit, the mother alleges that she was aware that she had a small pelvis and would likely need surgical intervention to give birth. However, the doctor did not suggest a Cesarean section, even after 2.5 hours of labor. Over time, the staff continued to give her labor-inducing drugs that exceeded maximum allowable levels despite the fact that they could injure the baby. Over time, the baby received less and less oxygen.

The doctor then performed a vacuum extraction, which was a poor decision due to the child being larger than his mother's pelvic area. Additionally, the fetal position wasn't known. The doctor did not get consent before proceeding. The extraction, normally only a few minutes long, took 25 minutes. The doctor allegedly pulled so hard that the vacuum device released from the child's head.

Injuries like this shouldn't happen. If your child suffers as a result of negligence or malpractice, you may have a claim.

Source: Colorado Springs Independent, "Memorial Hospital, doctor sued after infant delivery results in brain damage," Pam Zubeck, Aug. 02, 2017

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Family wins case after baby's delivery ends in brain injury | The Viorst Law Offices, P.C.