Family of Baby Born with Cerebral Palsy Receives $2.9 Million Interim Settlement While the Proceedings Continue
The family of a baby who was born with a debilitating condition as a result of the hospital’s allegedly negligent birth procedures has received an apology and an interim settlement from the responsible party. According to one news source, the settlement, which totaled the equivalent of $2.9 million, is only to cover the interim care for the child for the next three years, while the total damages are worked out to a final settlement amount to cover the costs and losses related to the girl’s care for the rest of her life.
The Hospital’s Failure to Perform a Cesarean Section
On December 11, 2011, the child’s mother gave birth at the U.K. hospital where she had been receiving prenatal care. According to the suit, the woman, who had already given birth to one child by Cesarean section, had been given a course of treatment that led her toward a natural birth. On December 11, 2011, the woman gave birth to the child without a Cesarean section, and the baby was oxygen-deprived. As a result of the oxygen deprivation, the baby has developed cerebral palsy, and her health has been “seriously compromised and disabled.”
Medical Providers’ Duties to Research Patient History
Medical providers, especially in the field of prenatal care and newborn delivery, have an obligation to research and consider a patient’s medical history to determine if any material events have previously occurred that would warrant a modified treatment plan. In the case mentioned above, the fact that the mother had a history including a prior Cesarean section may have given rise to a duty on behalf of her medical providers to act accordingly. The hospital has admitted liability in the suit, which alleged that the child should have been delivered by Cesarean section about two weeks prior to her birth, and the hospital’s negligence to do so was a violation of the standard of care to which the family was entitled.
The Monumental Expenses of Birth Injuries
The approval of the $2.9 million, three-year interim settlement demonstrates the large amount of damages that can be awarded in birth injury cases. Many birth injuries result in lifelong disabilities to babies that may require round-the-clock care for decades, well into the child’s adult life. Without the financial assistance that is provided to birth injury victims through settlements and jury awards, it would be impossible for many families to give their disabled children the care they deserve, and entire families’ livelihoods can be threatened by the crippling expenses related to medical care. Victims of birth injuries can seek compensation for negligent medical care by consulting an attorney and filing a birth injury medical malpractice lawsuit.
Should You Contact an Attorney?
If you or a loved one has had a child who may have been injured or disabled by medical negligence surrounding the child’s birth, a medical malpractice 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 assist you in holding parties accountable for their mistakes. 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 free consultation.