A Michigan family has settled a case with the federal government for $6.5M as a result of a birth injury case that severely affected their child, leaving him with severe brain damage. The baby was born at a military hospital in 2008 and is now five years old. The mother was induced and the baby was delivered.
Shortly after his birth, the child was airlifted to a hospital at Lackland Air Force Base in San Antonio. Doctors informed the new mother that the baby had suffered severe brain damage when the birth took place and that the child had a high likelihood of suffering cerebral palsy.
Originally, doctors told the family that the baby's brain damage was just a birth defect, and that there was nothing that they could do. Yet the Center for Disease Control and Prevention claims that more than one in 20 cases of children with spastic cerebral palsy suffer this condition because they had an interruption in their oxygen supply when they were only minutes old.
It wasn't long before the family with their brain damaged child decided to inspect the conditions of the birth and see if the military hospital was at-fault for their child's condition. After minor investigations, the military family filed a lawsuit accusing the doctors of ignoring the danger to the baby's brain when his mother suffered overstimulated contractions.
These contractions were forced by the administration of oxytocin, and as a result the baby lost oxygen too soon. This isn't the only time that oxytocin administration has resulted in brain damage. In fact, in Iowa another family successfully sued a hospital after the mother was given too much of this drug and her baby suffered brain damage as a result.
The government chose to settle a case for the family, rather than allow the case to go to trial and possibly result in a judgment. Lawyers say that many times the defendants in a lawsuit will end with a settlement in order to avoid ever actually admitting that they had something to do with the injuries.
In another birth injury case, one sergeant went into labor with her first child in February of 2007 and gave birth to a healthy baby boy be cesarean section. In this tragic case, the surgeon that was working on her during the procedure nicked a uterine artery and caused her to lose an extraordinary amount of blood. In an attempt to get her healthy again, the surgeons quickly stitched the woman up. They accidentally left two sponges in her body, and she died only a few hours later.
If your child is injured in a military hospital or if you are harmed, then you can also seek compensation from the responsible party or from the U.S. government. If your spouse or children were injured in a military hospital due to the negligence of the staff there, then you can seek compensation according to the Federal Tort Claims Act. This is an act that allows all military personnel and their families to bring a claim against the U.S. government in the event of an incident.
Military medical malpractice cases are slightly different than cases taken against civilian hospitals. This is because civilians are often filing suit against the hospital or the doctor's office. In a military medical malpractice case, the plaintiff is normally suing the U.S. government, rather than the hospital. This can complicate cases. If you intend to seek compensation from the federal government then you will need to hire a professional near you to help you with your case. According to IVN, military medical malpractice is shockingly underreported. Call a qualified medical malpractice attorney year you to assist you in your case today!