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Birth injuries grounds for lawsuit

A family in another state claimed that a physician's decisions caused irreversible brain damage in their baby boy. The family thus filed a medical malpractice claim against the federally employed doctor and was recently awarded more than $33 million in the suit. Any person in West Virginia whose baby suffers birth injuries and other birth-related problems as a result of a doctor's negligence has the right to take legal action against the medical professional.

According to the suit, the woman claimed that she expressed the desire to undergo a cesarean section when it was time for the boy to be born. However, the doctor reportedly ignored the woman's request even though the baby's heart rate had slowed down. Instead, the doctor allegedly left the woman to tend to another baby delivery. When the woman's baby was eventually born, he was not breathing.

The boy's parents later learned that the boy had suffered damage to his brain due to a lack of oxygen, and medical experts during their case asserted that a cesarean section could have prevented the brain damage from occurring. As part of the suit, the mother of the baby was awarded more than $3 million, while the father was awarded more than a million dollars for pain and suffering. The pair were also awarded more than $21 million for the baby's economic damages along with more than $7 million for the boy's pain and suffering.

Doctors are naturally expected to exercise a reasonable degree of care when caring for expectant parents and their babies. However, sometimes their poor decisions cause irreversible birth injuries. In these situations, the parents of the babies who suffer harm have the right to file medical malpractice claims against the allegedly at-fault doctors, seeking damages. Monetary compensation in a successfully fought lawsuit in West Virginia may help to address medical bills and other losses resulting from a documented malpractice incident.

Source:, "Miami Gardens family wins $33.8 million medical malpractice award against federal government", Andrea Torres, April 20, 2017

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