If your child suffered an injury during birth, the doctor is likely to tell you that the injury was simply unavoidable. But parents should be aware that preventable medical errors often cause birth injuries, and in these cases, a medical malpractice lawsuit could be the best option.
Parents in Portland may be interested in a recent birth injury lawsuit that led to a verdict of $13 million. A jury in Michigan found in favor of a mother whose 5-year-old daughter is now disfigured because of nerve damage suffered during childbirth.
On New Year's Day in 2008, the child's delivery became obstructed by the mother's pelvic bone. Rather than ordering a cesarean section, the doctor pulled down on the baby's head and ended up severing nerves that would otherwise control her right arm.
Now the child has to wear an arm brace, and use of her right arm is limited. She has undergone surgeries, and her injury is permanent.
For its part, the hospital claimed the child's injuries were the result of a natural birth, but the jury disagreed.
The amount of the verdict is expected to be reduced to $4 million because of Michigan laws that cap non-economic damages and require that monetary verdicts are offset by future losses.
Still, the awarded compensation is bound to help the family recoup some of the costs of surgery and ongoing medical treatment.
Parents in Oregon who are facing a similar situation should be aware of the full range of their legal options.
Source: mlive.com, "Genesee County jury awards nearly $13 million verdict in birth trauma lawsuit against Genesy," Gary Ridley, Oct. 5, 2013