Birth injury lawsuits often have some of the highest verdicts or settlements attached to them. Even when the child survives, which is often, the parents are left with a child who will have severe developmental disabilities for the rest of their lives.
In a recent case that settled for $3.5 million, the plaintiff alleged that the hospital and doctors failed to realize that her baby was in fetal distress. The result was that her baby was born with irreversible brain damage.
The lawsuit was filed against several defendants including the federal government. The initial complaint listed the Dwight D. Eisenhower Medical Center which contracted out deliveries to Community Health Systems and the Augusta Physicians Group.
While none of the parties admitted liability, the sum appears to be the first in several complaints that have yet to be settled. After legal fees have been deducted, 90% of the settlement funds will be placed into a trust account for the woman’s daughter and will be used to care for the girl as she grows older.
Understanding Birth Injury Lawsuits
Birth injury lawsuits often occur when physicians fail to recognize the signs of fetal distress. In most cases, some condition in utero will cause the baby to not get enough oxygen. The longer the baby is without oxygen, the more damage is done to the baby’s brain. Babies delivered with brain damage may suffer a wide range of symptoms that include developmental disability.
The scope of these developmental disabilities varies considerably from one patient to the next. In extreme cases, children will never develop the ability to walk, talk, or even feed themselves. In that type of situation, the parents would be on the hook for paying for the child’s extensive medical care as they grow older. This usually means 24-hour live-in care or boarding at a facility that is adept at dealing with advanced cases of developmental issues.
It’s for that reason that medical malpractice lawsuits involving birth injuries settle for such high figures. The cost of 24-hour care is prohibited to all but a handful of U.S. families and the parents shouldn’t have to foot the bill when the hospital is responsible for creating the conditions or failing to provide adequate treatment to address the problem.
From the hospital’s perspective, they usually argue that their failure to timely diagnose the issue may not have been the ultimate cause of the baby’s brain damage. This leaves the plaintiff with the burden of creating a timeline that shows that, had the hospital intervened at any earlier time, the baby was unlikely to suffer such a catastrophic injury.
Talk to a Tampa Medical Malpractice Attorney Today
If your baby has been injured by the negligent administration of medicine, you may be entitled to recover a hefty sum that will pay for the child’s subsequent medical needs. Talk to the Tampa medical malpractice lawyers at Palmer | Lopez today and schedule a free consultation.
Resource:
augustachronicle.com/news/20200114/multimillion-dollar-settlement-reached-in-augusta-medical-malpractice-suit
