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Birth injury leads to $2.8 million medical malpractice settlement

Readers touched by children with birth injuries in New Mexico, may be interested in a recent case about a situation in which a birth injury rendered an out-of-state child unable to even sit on her own at the present age of 12 years old.

The lower courts found that injuries sustained during the birth process led to the deafness, blindness and mental retardation of the out-of-state newborn in 2000. As the result of a botched cesarean section to deliver the child, this young girl now has to receive between 12 and 18 hours of intensive nursing care each day. As one could imagine, this gets to be extremely expensive.

The parents sought to protect their child and ensure her continued well being through being able to provide the longer-term care necessary and agreed to a $2.8 million lump sum medical malpractice settlement. The case is still in litigation as the courts work to determine how much of this settlement the state is able to claim to recoup for costs the state paid for the child's medical care.

Those who bring malpractice lawsuits against hospitals or doctors should seek to understand their rights and responsibilities under the law. Many different legal and regulatory concerns govern cases that may involve negligence and other factors that lead to the severe injury, ongoing medical problems or even the death of a loved one due to medical malpractice. Particularly in birth injuries that necessitate a life time of medical care, it is important to fight to ensure your child will be properly provided for.

Source: The Charlotte Observer, "N.C. malpractice settlement to go before justices," Michael Doyle, Sept. 26, 2012

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