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Settlement reached in birth injury matter that caused brain damage

Every parent knows that having and raising children can be an expensive proposition. Now that summer vacations and camps are coming to an end the back to school supplies are weighing on family budgets. Soon fall sports and other school activities will get rolling.

For parents of children with birth injuries though, medical and therapeutic expenses can quickly sky-rocket. Some children who are injured during the birthing process may require lifetime care and therapy. When the injury is the result of the negligent actions of a doctor or hospital, they can be held responsible for the consequences of their actions.

Recently a family settled a lawsuit with the midwife that had delivered their baby. The baby had suffered severe brain damage during the birth. The infant was hospitalized for three weeks after being born and now suffers from cerebral palsy.

The midwife has recently relinquished her license due to complaints that she did not properly consult with an obstetrician in cases of high risk pregnancies. That is the pattern that allegedly played itself out in this instance. The parents allege that the midwife did not refer the mother to an obstetrician despite several risk factors during the pregnanciy and birth.

A large portion of the settlement will go towards medical costs that have already been incurred. More than half will go into a trust for the little girl's future needs. A special needs trust is often used in these circumstances so that the assets will not currently count against the child's eligibility for public assistance.

Source: Concord Monitor "Midwife settles suit for $730,000" Maddie Hanna, Aug. 23, 2011

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