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Award for $1.365 million for injured baby upheld by courts

It's truly tragic when a doctor's mistake leads to an infant's birth injuries. Franklin, Ohio, readers may be pleased to know that the Oregon Supreme Court recently upheld the decision to award $1.375 million to a family whose infant suffered permanent injuries during his birth in 2004.

Reports from Sept. 28 state that the new ruling reversed one from the Court of Appeals that had limited the award to only $500,000 based on a law from 1987. According to reports, the Supreme Court decided that the law used to reduce the payout was not applicable in this case, since the injuries that occurred happened during birth and not before the child was born. The cap of $500,000 is generally used only for prenatal injury cases, according to the court.

During the child's delivery, his shoulder became stuck behind his mother's pubic bone, according to the court records. Because of this, the doctor pulled him out of the birth canal, and the court decided that the nerve injuries to the baby's right arm were due to this maneuver during his birth. According to reports, the Lane County jury decided to side with the family's complaint and awarded the family $557,881 in economic damages and $1.375 million for pain and suffering that the injuries caused the child and family. It was believed that the doctors did not inform the woman about the risk factors of delivering her child vaginally, even though the baby was oversized, and she had complication during the birth of her previous child.

No one wants to see a child injured due to medical negligence. If you feel you or your child has been the victim of medical malpractice, you may wish to seek legal representation. Compensation may be sought for medical expenses, pain and suffering, permanent disability and other damages.


Source: 
RegisterGuard.com, "High court upholds damages" Jack Moran, Sep. 28, 2013

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