Jury Finds Doctor Guilty of Medical Malpractice for Birth Injury

When babies are delivered there are many different ways in which they are susceptible to suffering a birth-related injury. If the delivering doctor is not knowledgeable or experienced, then he or she may not be able to recognize the signs that a baby is in distress or that the baby is being injured during a delivery.

In a 2006 delivery, a baby was injured during her birth and suffered brachial plexus injuries, or Erb’s palsy. As a result of either the baby’s shoulders getting stuck in the birth canal or from too much pressure imposed by the doctor forcing the baby to be delivered, the baby’s nerves were damaged. This condition has permanently limited the use of one of the baby’s arms. In fact, the little girl must go through continuous physical therapy in order to prevent further damage to her arm.

The lawsuit claimed that the doctor should have recognized that the baby’s shoulder was stuck during the delivery. The jury agreed that their daughter’s birth injuries were the result of their doctor’s medical malpractice.

The parents were recently awarded $1.314 million by the jury. The award included $550,000 for lost future earnings, $380,000 for her permanent injuries, $258,000 for pain and suffering and $126,000 for the loss of consortium that the parents have sustained as a result of their daughter’s injury.

Connecticut parents who have had a child who has suffered a birth injury should be aware that they and their child can seek help to pay for medical expenses and damages resulting from the doctor’s negligence.

Source: WCF Courier, “Jury awards $1.3 million in childbirth lawsuit against doctor,” Jeff Reinitz, 20 July 2011

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