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Birth Injury Medical Malpractice Settlements Set Record Highs

February 15, 2011

Medical Malpractice suits involving birth injury and subsequent brain damage have set record high settlements across the country in the past year; the settlements have allowed the families to cover the costs of the best possible care in the future for their children without any further financial burden. Although the injuries at birth are permanent, these settlements have mitigated the effect of the outstanding medical bills that will accumulate as time goes on as a result of the medical errors. A professional Chicago medical malpractice lawyer has also achieved excellent results over the years in birth injury cases.

In Leavittsburg, Ohio, a jury found in favor of the Plaintiffs for a verdict amount of $13.9 million in a birth injury malpractice case, which is the largest malpractice award in the history of Trumbull County according to Warren Tribune files. In the lawsuit, the Plaintiffs alleged that the doctor' decision to avoid a Cesarean section led to their daughter' fetus suffering from lack of oxygen, causing brain injury and, ultimately, her cerebral palsy.

Plaintiffs reported an immense sense of relief as the verdict was read; it will allow them to hire in-house caregivers in addition to the outside care necessary for the health and wellbeing of their child.

Expert witnesses at the trial testified that injuries occurred when the doctor medically induced contractions and used a vacuum during delivery, while overlooking the fact that the fetus had a low heart rate according to a previous test. These injuries could have been circumvented if the doctor had opted to perform the Cesarean section instead.

A similar verdict awarded a Plaintiff $19.2 million in Lee County Florida for a medical error involving a newborn. Plaintiffs filed charges after the premature infant was given 100 times the intended dose of nutrients, which led to cardiac arrest and complications at the time of birth. The fact that the child now suffers from cerebral palsy and blindness is attributed to this medical error.

These cases demonstrate the fact that failure to order a timely Cesarean section or administer the proper medicinal dosage both fall under the scope of medical malpractice. The only relief that these families were able to receive came about as a result of their legal actions; otherwise, they would have had to struggle to pay exorbitant medical costs throughout the lives of their children in conjunction with the emotional hardship that comes along with caring for a child with special needs.

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