Child awarded nearly $10 million in medical malpractice case

On Behalf of | Nov 13, 2015 | Birth Injuries

Although New Mexico obstetricians may be encouraged to avoid unnecessary C-section deliveries, there are cases in which the life of a child or mother could be dramatically affected if this method is not used. In a California medical malpractice case, a child’s brain injury was attributed to the physician’s failure to act quickly enough in performing a C-section. The ruling on October 28 occurred in a federal court, awarding the child $9.6 million for the damages she has suffered.

According to reports, the child’s heart rate worsened during delivery. However, the doctor’s waiting too long resulted in a poor outcome. The 3-year-old girl receives nourishment through a feeding tube. She cannot see and will not be able to walk or talk. Seizures also affect the child at times. She will be dependent on others for care throughout her life. In addition to the judgment on behalf of the child, the judge awarded $250,000 to the mother due to the emotional suffering she experienced through the delivery of her daughter.

Many mothers-to-be worry about the possibility of delivery room errors, and discussing these concerns with a provider can help to ensure that one knows what to expect. It is helpful to discuss the possibility of a C-section so that an appropriate decision can be made promptly if circumstances warrant this type of delivery. In some cases, a C-section might be used due to the overdue status of an expected child. In other cases, this method of delivery might be warranted because of poor vital signs from the mother or child.

A birth injury during labor is not necessarily the fault of a doctor or nurse, but a parent dealing with the repercussions of a child’s birth injury might want to review relevant medical reports to understand the factors contributing to the situation. In some cases, an attorney’s review of such reports might help with any decisions about medical malpractice litigation.


FindLaw Network