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Trial begins in birth injury lawsuit as jurors are selected

Parents-to-be in Ohio have a lot on their minds. There are baby supplies to procure, showers to attend, cribs to build and nurseries to paint. What most parents would never consider is the possibility of serious injury to a soon-to-be-born baby due to medical negligence or mistake. Although most births are handled professionally and without incident, on rare occasions, tragedies occur. For one couple in another state, the injuries sustained by their son at birth have led to a lawsuit against a physician and an OB-GYN practice.

According to the suit, the baby boy, who is now two and a half, was born floppy, was not responding and had no heart rate. The suit alleges that the OB-GYN failed to respond to situations during the birth with appropriate medical care. The suit alleges that the doctor did not use best judgment or comply with appropriate standards of care.

The newborn boy was diagnosed with birth asphyxia and hypoxic-ischemic encephalopathy. According to the suit, the boy will require special care throughout his life. His permanent injuries also reduce function in some body parts.

The lawsuit claims that both the doctor and the OB-GYN center were negligent in the birth process. According to records, the mother was in labor for 18 hours before undergoing a cesarean section. The baby was born on May 2, 2011.

The trial is expected to last three weeks. Reports indicate dozens of medical professionals, including nurses and doctors, will be called as witnesses during the trial. In cases involving allegations of medical negligence, trial decisions can come down to both technical and emotional considerations. Calling the right witnesses and presenting information in a way the jury can understand empathize with is important for success as a plaintifff.

Source: The Times News, "Jury selection begins in medical malpractice case" Michael D. Abernathy, Jan. 13, 2014

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