A birth injury lawsuit against a New York hospital alleging that staff failed to provide a mother with adequate care, causing the baby to develop cerebral palsy, was recently resolved through a multi-million dollar settlement. The agreement's $5.3 million price tag demonstrates to victims of injuries caused by medical malpractice how significant their recovery can be.
Birth Injury Lawsuits
Birth injury lawsuits seek to hold doctors and other medical professionals liable on the theory of negligence. When their actions fall below the standard of care to which professionals in their field are held, defendants in birth injury lawsuits can be found negligent and thus, liable for medical malpractice. Plaintiffs also must prove that the defendant caused them to incur damages.
Medical malpractice lawsuits commonly include claims for the following types of personal injury suffered before or during birth, all of which can have lifelong consequences:
- Cerebral palsy
- Bleeding in the brain
- Skull fractures
- Spinal damage
Medical Malpractice Damages
Injuries caused by licensed physicians or other health care professionals often require costly medical operations, treatment and care. Families can make insurance claims for the resulting medical bills, but in many cases insurance is not adequate to fully cover the costs of such injuries. Add on top of that the loss of future earning potential that can occur when a child is seriously injured at birth, and victims and their families' damages awards can be quite substantial.
Cerebral palsy can result from an injury to a baby's brain in the womb, during delivery, or sometime after birth. A treating physician or obstetrician's failure to provide adequate oxygen during delivery, such as by caesarean section, or unreasonable delay in performing the procedure, can also cause or contribute to cerebral palsy.
Injured patients and families of children who suffer birth injuries should contact a skilled personal injury attorney to inform them of any medical malpractice claims they might be able to bring.