Nield Law Group, APC
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Birth injury leads to $5.25 million dollar settlement

In the United States, approximately four million babies are born each year. While the vast majority of pregnant women in San Diego and across the country have normal, healthy deliveries, occasionally problems occur. A child who is injured at birth due to an error during delivery may suffer lifelong development problems or other debilitating difficulties. Indeed, when birth injuries are severe, there is often no way to reverse the damage, and families must incur the stress and expense of a special needs child. 

A family who filed a medical malpractice lawsuit after their baby suffered severe brain damage during delivery has settled a lawsuit with the hospital where the child was born. The medical center has agreed to pay the family $5.25 million to pay for round-the-clock care and other expenses for their little boy, who is now seven years old. A court of claims determined that two doctor errors caused the brain damage. First, a decision should have been made to perform a C-section on the pregnant woman earlier in her labor, not after thirteen hours. In addition, the drug Pitocin, which was given to speed up the labor, was not properly administered.

The family is happy with the settlement although their child will likely never grow up to lead a normal life. Victims of medical malpractice should realize that they do not necessarily need to shoulder the costs of a disabled child by themselves. If a birth injury is due to a doctor error during labor or delivery, it may be best to speak to an attorney to determine whether it is possible to file a legal claim for compensation. 

Source: The Columbus Dispatch, “Brain injury during birth costs Ohio State hospital $5.25 million,” Ben Sutherly, June 28, 2013

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