Hospital Admits Fault in Birth Injury Case Resulting in 2.8 Million Euro Settlement
Earlier this week, a hospital in Ireland admitted fault in a lawsuit that stemmed from a child’s diagnosis of cerebral palsy at his birth. According to a report by a local news source, the boy was born back in 2006 with severe cerebral palsy. Since then, he has never gained the use of his limbs or his voice; he communicates with other solely through facial expressions.
Evidently, the family’s legal battle has been ongoing over the past nine years. Just this month, the hospital admitted liability, providing the family 2.8 million Euro to serve as an “interim” settlement. The interim settlement is designed to compensate the family for the past nine years of care, as well as for two years in the future. After that point, a more permanent solution will be implemented.
In an interview with reporters, the mother of the child said that the apology
was too little too late and didn’t address the nine years of denial
that she and her family had to deal with. However, she is happy that her
son can now receive the 24-hour-a-day care that he needs to thrive.
Birth-Injury Cases in the United States
This case took place in Ireland, where the laws applicable in birth injury cases are a little different. Here in the United States, interim settlements are not common and lump-sum payments after the case has been resolved are much more common. However, the legal issues that surround birth injury cases are similar in other regards.
When a doctor’s or hospital’s negligence causes a child’s birth injury, they may be held responsible for the injuries caused as a result of their negligence. Generally speaking, these injuries are caused when a physician overlooks some other preferable course of action in favor of an easier, quicker, or more profitable procedure. A common example is a doctor’s decision to perform a cesarean section. A child’s life is forever changed because of one fateful decision.
Recovering in Birth Injury Lawsuits
Here in the United States, in order for a plaintiff to recover in a birth injury case they must prove that the defendant’s negligence was the cause of the child’s injury. In other words, the parents must show that the doctor committed some negligent action (or failed to do something they should have) that caused the harm to their child. This most certainly will require a medical expert’s testimony.
Have You Given Birth to a Child Who Suffered from a Preventable Birth Injury?
If you have recently given birth to a child who was born with a preventable birth injury, you may be entitled to monetary compensation based on the physician’s or hospital’s negligence. However, they will likely have a dedicated team of attorneys to defend their actions, and not often will they admit fault like the hospital in the case described above. To learn more about birth injury cases, contact one of the dedicated birth injury and medical malpractice attorneys at Wais, Vogelstein, Forman & Offutt at (410) 567-0800.