State Supreme Court Affirms Dismissal of Case Involving Birth Injury State Supreme Court Affirms Dismissal of Case Involving Birth Injury

The South Carolina Supreme Court released a decision earlier this month upholding a lower court decision that a woman’s medical malpractice claim related to a birth injury was barred by the statute of limitations. The Court ruled that the mother’s incapacitated state did not act to toll, or extend, the statute of limitations for her representative to sue the defendants. This ruling, taken with a previous case against another doctor that ended with a verdict in favor of the defendant, means the plaintiff will not have another chance for a jury verdict against the allegedly negligent medical providers who failed to diagnose a serious medical condition that essentially took the life of her child.

sleeping-baby-1439391The Doctor Misses an Important Diagnosis

On September 11, 2003, Kristy Orlowski saw her doctor, complaining of dizziness, headaches, and nausea. Kristy was nearly nine months pregnant, and the doctor did not notice that her symptoms suggested she was at risk of suffering from eclampsia, a condition that threatens the life of the mother and child and causes seizures and strokes. Instead of diagnosing Ms. Orlowski with pre-eclampsia and delivering the baby, as the plaintiff argued should have been done, she was sent home with no special instructions or warnings.

The next day, Ms. Orlowski suffered a seizure, caused by eclampsia, and was found unresponsive in her home by a family member. She was rushed to the hospital and had an emergency cesarean section. Her baby was alive but was born with severe brain damage caused by oxygen deprivation, which caused severe health complications for the child and her eventual death at the age of two.

The Responsibility of Medical Providers to Expectant Mothers

Doctors providing medical care to expectant mothers have the legal responsibility to give treatment that meets the professional standard of prenatal care. If the symptoms of the patient suggest that the baby should be delivered immediately and the patient is instead sent home, the doctor can be held accountable for the birth injury resulting from the failed diagnosis. Babies with birth injuries as a result of oxygen deprivation caused by medical negligence can suffer from permanent and severe disabilities that strain the lives of their loved ones. Negligent medical providers can be held financially liable for the injuries and disabilities caused by a negligent birth by consulting a birth injury attorney to file a medical malpractice lawsuit within the statute of limitations and seek damages to compensate the victims for the loss.

Should You Contact an Attorney?

If you or a loved one has had a child with disabilities that may have resulted from a negligent birth or inadequate aftercare, a birth injury lawsuit may be effective in obtaining compensation for the damages you or a loved one has suffered. The dedicated birth injury attorneys at Wais, Vogelstein, Forman & Offutt can help you get the damages you deserve. We focus our practice on birth injury cases and can help you hold the responsible parties accountable for their negligence. Contact the experienced birth injury lawyers at Wais, Vogelstein, Forman & Offutt today. Call us at (410) 567-0800 or contact us through our website to schedule a risk-free consultation.

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