Record Award in Medical Malpractice Birth Injury Case

Delays in delivery can have lasting consequences for many families. When a child sustains injuries at birth, it can be devastating for families. And when the possibility for avoiding those injuries is present, the situation is even more tragic.

Record Award For a Single Malpractice Incident

A 2011 Connecticut case, referred to as the largest malpractice verdict in the state's history, demonstrates how birth injuries can have lifelong effects and why it is important to be persistent in seeking justice and pursuing compensation from the negligent parties. The jury decided in favor of the plaintiffs, a couple from Connecticut, awarding the couple $58 million in the medical malpractice case where they alleged that critical errors made by the obstetrician caused their son Danny's severe cerebral palsy. The couple's lawyers argued that delivering him two days earlier could have prevented the injuries that he sustained, and in addition to the delay, there were critical errors made during the procedure that contributed to his condition. They claim that the cesarean was not properly performed, nor was the right procedure followed, and these delays caused the permanent brain damage that he suffers from.

Two days before the doctor performed a cesarean section, her embryonic fluid dropped dramatically, which lawyers say was the indication that something more should have been done right away. Instead of immediate action, though, the doctor waited the two days until she went into labor, eventually performing the cesarean section surgery. At birth, the baby had an irregular heartbeat, appeared very pale and limp, and was unable to breathe. About one week later the doctors determined that he has a very severe case of cerebral palsy that will never allow him to talk, walk, or eat on his own, and he suffers from seizures. He will require constant care for the rest of his life.

The couple named both the doctor and the hospital in the lawsuit, but ultimately the jury decided that it was only the poor judgment of the doctor that caused the harm, and did not hold the hospital responsible.

The trial, which lasted only a month long, was the final conclusion to the 8 year long fight the family have waged since the birth of their son to receive damages that will help with his care. In those 8 years, the medical bills for him have totaled more than $500,000 and will only continue to increase because he will need full-time care for the rest of his life.

Contact a Medical Malpractice Attorney

If you have a child with a birth injury, contact an experienced birth injury lawyer immediately. If a doctor is negligent during the birth of a child, the consequences may be permanent and lifelong. Seeking the damages that you and your child are entitled to in order to pay for medical care and compensation for pain and suffering may be necessary for you to give your child the life and the care that they deserve. Experienced medical malpractice attorneys will understand the best way to present your case to a jury, and will be able to make sure that justice is served and that you receive the maximum amount of compensation that you can. Contact a medical malpractice attorney as soon as possible as statutes of limitation make timely action a necessity.