After deliberating for a day and a half, a jury in Ohio recently found a doctor liable for medical malpractice and awarded a family $13.9 million. The family’s lawsuit centered around the daughter, 10-year-old Haley. Her mother went in for a non-stress test in January of 2000. The doctor on trial told her that she had a low heart rate and suggested that he induce labor in order to increase her heart rate.
After inducing labor, the doctor decided not to perform a Cesarean section, a decision that caused Haley not to receive enough oxygen. The lack of oxygen then led to Haley’s brain injury and cerebral palsy. An expert witness for the family also testified that Haley suffered injuries after the medically induced contractions and the use of a vacuum during her delivery. The doctor who delivered Haley testified that she never considered performing a C-section because there was no indication that there was anything wrong with Haley. The family alleged that a C-section would have prevented injury to Haley.
Several months before the verdict in Haley’s case, a New Jersey jury found a doctor liable in a similar cerebral palsy case. In the New Jersey case, the plaintiff family alleged that the delivery room doctor waited too long to perform an emergency C-section. Medical experts testified that, had the doctor delivered the boy eight minutes earlier, he would not have suffered brain damage leading to cerebral palsy. A cerebral palsy attorney can help you pursue a medical malpractice claim if a loved one has suffered an injury during birth.
How Medical Malpractice Can Lead to Cerebral Palsy
Cerebral palsy occurs in about two out of every 1,000 births in developed countries like the United States. There are multiple causes of cerebral palsy, which often pertain to complications during the birth of babies. The following are common causes of cerebral palsy associated with births:
- Leaving the child in the birth canal for too long, which can lead to a lack of oxygen in the brain
- Inadequately addressing problems with the baby after birth, including jaundice or seizures
- Failing to determine that the umbilical cord is around the child’s neck, which cuts off oxygen to the brain
- Improperly using forceps or vacuum extraction during the delivery of the baby
- Failing to perform a C-section when required
Decisions that healthcare professionals like nurses and doctors make during the birth of a child can have a lifelong impact on the baby and his or her family. Babies who suffer from cerebral palsy require lifetime treatment and attention from their families. Contact a birth trauma attorney at Cappolino, Dodd, and Krebs, LLP to hold negligent medical professionals responsible for their decisions.
