Jury award family $58 million in birth injury case

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When a family goes into the hospital to deliver a baby they generally expect it to be one of the most joyous days of their lives. They have likely already set up a nursery at home and have enjoyed hours of happy anticipation of adding a new member to their family. But when mistakes by a doctor or other medical staff result in a birth injury that day can turn bittersweet at best and sometimes a day full of despair.

For one family this was the scenario when their baby was born with severe brain damage. The boy was born is now unable to walk, talk, or even eat and sit up by himself. While the boy is of course still loved by his family, they had to abandon many expectations about the way that they thought his life would be. Now a Superior Court jury has awarded the family $58 million based on what they found to be medical malpractice during the delivery.

The lawsuit alleged a number of failures by the medical staff. The family asserts that the doctor failed to adequately care for the infant prior to birth. Also that during the delivery the hospital did not have properly trained staff present, including the absence of a certified anesthesiologist. They say that the doctor did not properly determine the position of the baby prior to the c-section delivery and failed to advise the mother of the risks. The now eight-year-old boy now suffers from a number of complications including cerebral palsy.

No amount of money will ever replace the happiness that the family expected on the day the child was born. But when a doctor or hospital act negligently they should be responsible for the damage that is caused.

Source: NBC Connecticut News “Jury Awards $58 Million in Malpractice Suit” May 25, 2011

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