Boy Born with Brain Damage Recovers 2.75 Million Euros in Birth Injury Suit

Twelve-year-old James McCarthy is not able to walk, talk, or sit up on his own due to his condition. Young James suffers from cerebral palsy as a result of a physician’s negligence at his birth.

baby-feet-1439528-m.jpgSadly, the boy’s would-be twin brother died in the womb before birth. This prompted physicians to perform a C-section to remove the other child at 33 weeks. The mother told reporters that she was not given an opportunity to see her deceased son.

According to a recent report by the Irish Times, James McCarthy and the doctor who was at fault for the boy’s injury reached a settlement of 2.75 million Euros, and the settlement was approved by the country’s high court. The specific allegations are that the boy’s condition was not investigated or diagnosed while he was still in the womb, ultimately worsening his condition at birth.

Unlike many other birth injury cases, the defendant doctor in this case admitted fault and conceded liability. However, the high court still needed to approve the settlement before it could become final.

Birth Injury Suits in the United States
The lawsuit described above took place in Ireland, but similar rules regarding birth injury suits apply here in the United States. All doctors have a duty to provide a reasonable level of care to their patients. This includes all decisions that a physician may need to make in the course of treating a patient.

Birth injury and medical malpractice cases in general are especially tricky to prove, in that there is generally a requirement that an expert testify regarding the negligence of the defendant doctor. For example, in a birth injury case, a plaintiff generally must call another uninvolved physician to testify that the decisions made by the defendant doctor were beyond the bounds of reasonableness. Unless a plaintiff can obtain an expert who will convey that opinion to the court, the plaintiff’s case may not be viable.

In addition to this requirement, there are other procedural and substantive requirements that medical malpractice plaintiffs must meet in order to bring a claim against a defendant doctor. To learn more about medical malpractice cases, and birth injury cases in particular, contact a dedicated medical malpractice attorney.

Has Your Child Been Injured During the Birthing Procedure?

If you have recently given birth to a child who was born with any kind of birth injury that you believe was a result of the attending physician’s negligence, you may be entitled to monetary damages. Keep in mind, however, that doctors generally have malpractice insurance, and as a part of that insurance coverage they will be defended by skilled legal counsel. To help make sure that you are treated fairly in the legal process, and to learn more about what needs to be proven in a medical malpractice or birth injury lawsuit, call (410) 567-0800 today to set up a free initial consultation with a dedicated attorney.

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