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Birth injury malpractice can cause severe complications and even death to newborns. In Maryland, a jury recently awarded $55 million to a couple whose son suffered permanent brain damage as a result of birth injury malpractice. The couple alleged that a delay in ordering a caesarian section delivery deprived their child of oxygen. They claim that the baby was showing signs of fetal distress that were not properly monitored or acted upon by the hospital.
Although oxygen deficiency may occur at any time during the pregnancy it most frequently occurs during the labor and delivery process. It may be the result of placental abruption, uterine rupture, preeclampsia, delays in delivery and low amniotic fluid. It is the responsibility of the physician and nurses to properly monitor the incident and to act quickly in cases of fetal distress before oxygen deprivation occurs. Failure to act quickly may result in problems with speech or movement, including the ability to walk or control balance, as well as autism or epilepsy.
In the Maryland case, the baby suffered hypoxic ischemic encephalopathy and, as a result, has cerebral palsy and cognitive deficiencies. Despite the fact that a jury determined the couple had been damaged in the amount of $55 million, the trial judge reduced this award to $28 million because the state of Maryland has laws that limit the amount of damages that can be given in a birth injury malpractice case. Even though a jury determined the hospital committed the birth injury malpractice and caused the damages, the hospital has appealed, claiming the judge made some procedural mistake and that the damages were actually caused by the birth injury malpractice of the midwife.
At The O’Keefe Firm we will examine the medical records and consult with other medical professionals to show when and how the birth injury malpractice occurred. Through a careful assessment of the medical records we will be able to conclusively demonstrate that your child’s injury could have been avoided if proper care had been given during birth or pregnancy. Our goal is not to harm or demonize medical professionals, but rather secure compensation that our clients deserve and prevent the tragedy that happened to you or your family from happening to someone else. If you need assistance with your birth injury malpractice case, call us for a free consultation.