Medical Malpractice Lawsuit Ends With $31 Million Recovery For Harm Sustained By Infant

Published: 08th July 2010
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If an expectant mother who has earlier given birth via a C-section gives birth to another child by natural childbirth there is a greater risk that she will sustain a ruptured uterus in the course of labor. In these cases the unborn baby's much needed oxygen , which is generally obtained by the placenta, can be cut off. If this continues for an extended period of time the unborn baby can experience brain damage and be left with significant irreversible disabilities.

Examine a reported lawsuit regarding a pregnant woman who was admitted to the hospital for a scheduled natural delivery of her baby. She underwent a C-section in a prior pregnancy. Still, the nurse administered a drug frequently employed to induce labor. The use of this medication , however, should be diligently supervised because it end up a significant problem particularly at greater dosages. The nurse failed to inform the doctor that the pregnant woman's contractions became irregular Instead, as the contractions escalated to clearly dangerous levels, the nurse continued to give the woman the drug.


The woman sustained a uterine rupture. The unborn child was in fetal distress. The baby was deprived of oxygen for 18-20 minutes as a result of which he suffered a brain injury. The diagnosis: cerebral palsy. Consequently, the child will never be able to talk or to walk. He will never be able to hold anything in his hands. He will never be able to eat on his own. He will always require the use of a feeding tube. He will always need full-time life assistance. He does, though, recognize his family and he is aware. The law firm that represented the child and his parents announced that at trial the jury returned an award of $31,000,000 with included $26,000,000 to pay for the cost of the child's future medical care.

As this lawsuit illustrates nurses and hospital staff need to be able to figure out when problems happen in a pregnancy. They also need to know and understand the consequences and side effects of the medications they give, and notify the physician about any signs that indicate there is a problem happening. Whether caused by a lack of training, inexperience, overwork, or communication breakdowns, a failure in any (or as in this case all) of these areas can result in devastating injuries to the baby. When this takes place the family might be able to bring a case for malpractice. As this lawsuit also reveals, such claims, due to the nature and extent of the injury to the child, can result in a substantial recovery.


You can learn more about fetal distress and other birth injury matters including group b streptococcus and other types of birth injuries including erbs palsy by visiting the websites

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