A couple in another state was recently awarded $11.5 million following a medical malpractice trial. The couple had claimed that their child’s brain was severely damaged during the birth process at a hospital. If a person’s baby suffers birth injuries due to the negligence of health care professionals in West Virginia or other states, this individual has the right to take legal action.
In the recent out-of-state case, the couple’s attorney said that a doctor and midwife had grossly mismanaged the delivery of the couple’s child. For instance, they did not attend to breathing problems, and the baby’s health declined during the delivery process. Forceps were later used, but they were not used properly.
According to the couple’s attorney, the improper use of the forceps caused the baby to suffer permanent brain injury, and the child is now disabled. The attorney further stated that there was evidence that the electronic patient record of the child had been tampered with. However, the attorney representing the hospital claimed that the child had suffered a stroke that was not related to the delivery.
Sometimes doctors in West Virginia fail to exercise a reasonable degree of care when delivering babies, thus leading to permanently damaging or even fatal birth injuries. In these situations, the family of the harmed baby has the right to file a malpractice claim, seeking the reimbursement of monetary damages. No amount of compensation can undo the events leading to birth injuries, but it may help the plaintiff to experience a sense of justice in the ordeal.
Source: omaha.com, “Jury awards $11.5 million to Omaha couple in medical malpractice lawsuit over child’s birth“, Russell Hubbard, Oct. 25, 2016