Doctor Accused of "Poor Professional Performance" after Child Is Born with Cerebral Palsy

Earlier this month, a mother testified in front of a court, explaining the turn of events that ultimately led to her son being born with what she claims was a preventable case of cerebral palsy. According to one local news source, the woman gave birth to her third child–the subject of the current dispute–on June 15, 2012.

The mother claims that the delivering physician did not have an adequate treatment plan in place when her newborn son was diagnosed with hypoxic ischaemic encephalopathy (hypoxia). Evidently, the woman suffered a ruptured uterus shortly before she was scheduled to deliver vaginally. After the rupture, the attending doctor decided that it was necessary to proceed via an emergency cesarean section.

However, during delivery it became apparent that the child’s heart rate was dangerously slow. This, the mother claims, was due to a lack of oxygen during the delivery process. In turn, the doctor provided the baby with anti-seizure medication.

It was not until the mother’s sister, who happened to be a nurse at the hospital, asked about her nephew that the mother was made aware that the medication provided to her son was anti-seizure medication. The sister also inquired why the child did not receive hypothermic or “cooling” treatment, which has been shown to remedy the effects of oxygen deprivation at birth. The evidence showed that the delivering physician considered cooling therapy for the child but determined that the child did not meet the criteria for its use.

In the end, the boy was diagnosed and still suffers from cerebral palsy, a neurological disorder that affects muscle coordination and body movement.

Preventable Birth Injuries in the United States
While the situation above took place in Ireland, the United States has similar laws that govern physicians and require they provide all patients with the proper level of care. Here in Maryland, birth injury cases are a type of medical malpractice, which is a smaller area of a larger body of law called “negligence.”

The law of negligence governs most accidents and injuries, and it allows for the innocent victims of accidents to seek financial recovery for the injuries they sustained as a result of the defendant’s negligent conduct. In most cases, a successful plaintiff can recover for medical expenses, lost wages, and decrease in potential earning power, and in some cases plaintiffs are eligible for damages compensating them for the pain and suffering they have endured as a result of the accident.

Birth injury cases are no different. If you have recently given birth to a child who suffers from a preventable birth injury, you should consult with a dedicated Baltimore birth injury attorney as soon as possible.

Are You in Need of an Attorney?

If you are considering bringing a birth injury lawsuit in the State of Maryland, consider calling one of the skilled advocates at the Maryland personal injury law firm of Wais, Vogelstein, Forman & Offutt. The skilled advocates at WVF have decades of experience litigating all kinds of medical malpractice cases, including those arising out of preventable birth injuries. Call (410) 567-0800 to set up a free consultation today.