A Chicago family recently settled a birth trauma lawsuit against the hospital they hold responsible for causing their baby’s birth injury. When the plaintiff checked into the hospital to give birth, a “house” doctor with no formal training in obstetrics attended her labor until her regular physician arrived. By the time her physician got there, the baby had already suffered oxygen deprivation, which caused permanent brain damage. As a result, the baby developed cerebral palsy.
The case was set to go to court, but on the eve of the trial, the Chicago hospital opted to settle with the family for $13 million. The family will receive part of the settlement in cash and the rest as future payments. Children with cerebral palsy typically require specialized treatment and care throughout their lifetime. An award like this one enables a family to afford the medications, therapy, special education, orthotic devices and/or surgery their child needs.
Cerebral palsy is caused by damage to the cerebrum, the part of the brain that controls emotions, judgment, reasoning, learning, language, problem solving, spatial processing, sensory functions and voluntary movement. This damage can permanently affect a child’s growth and development, balance, coordination, movement, posture, motor skills, and ability to communicate. A child may experience seizures, speech difficulties, learning disabilities, extreme muscle stiffness, involuntary movements, hearing loss, vision problems, difficulty swallowing or eating and other complications.
Medical mistakes during pregnancy, labor or delivery can cause a child to develop cerebral palsy. Below are some examples of medical errors that can lead to this type of birth injury:
- Failing to treat an infection in mother or baby
- Failing to respond to fetal distress or umbilical cord problems
- Failing to monitor fetal heartbeat
- Failing to anticipate complications
- Ordering a c-section too late
- Misuse of forceps or other equipment
- Mismanagement of pregnancy
- Medication errors, including Pitocin errors
When a medical mistake during labor or delivery results in birth trauma, or when pregnancy mismanagement leads to a birth defect, parents may be entitled to compensation. If your son or daughter has been diagnosed with cerebral palsy, or if your child is suffering from Erb’s palsy, shoulder dystocia or another type of birth injury, a cerebral palsy attorney can help your family get the compensation it needs and deserves. To learn about your legal rights, contact an experienced cerebral palsy lawyer today.
